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2024 Supreme(All) 58

RAM MANOHAR NARAYAN MISHRA
Satyapal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Murtuza Ali, Gufran Ahmad Khan, Imtiyaj Ali.

Table of Content
1. found guilty of ndps violations. (Para 1 , 3 , 4)
2. conviction based on recovery of contraband. (Para 5)
3. arguments of false implication and legal errors. (Para 6 , 7)
4. arguments regarding procedural flaws and no evidence. (Para 8 , 10)
5. court observations on statutory compliance failures. (Para 9 , 21 , 29)
6. non-compliance of section 52a is critical. (Para 19 , 20 , 23 , 30)
7. conviction overturned due to procedural failures. (Para 22 , 33)
8. non-compliance leads to invalid evidence. (Para 31)
9. appellants acquitted and released. (Para 34 , 35 , 36)

JUDGMENT :

1. The instant Criminal Appeal has been preferred by the accused/convict Satyapal and Saifuddin Urf Sheruddin who are convicted and sentenced on 02.10.2018 for charge under Section 8 /15-(C) NDPS Act, Case No.39 of 2018 (State of U.P. Vs. Satyapal and other) arising out of Case Crime No.994 of 2004, Police Station Kotwali, District Bareilly by Additional Sessions Judge, Court No.30 Bareilly and sentenced to 10 years rigorous imprisonment and Rs.1,50,000/- fine with a default stipulation. Another co-accused Pappu died during trial and the case was abated in respect of him due to his death.

2. Heard Sri N.I

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