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SADHNA RANI (THAKUR)
Kanhaiya Lal Nishad – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal has been preferred against the judgment and order dated 14.12.2011 passed by Additional Sessions Judge, Court No.16, Deoria in S.T. No.219 of 2007 (State Versus Mohd. Minhaj and Another), arising out of Case Crime No.457 of 2006, under Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Police Station-Gauri Bazar, District-Deoria, whereby the learned trial court has sentenced the appellant with fine of Rs.1,000/- and in default the appellant had to undergo two months simple imprisonment.
2. The law was set into motion when the Sub-Inspector Sita Ram Arya filed a seizure memo at P.S. Gauri Bazar, Deoria that on 03.09.2006, he alongwith HCP Sri Ramdheer Singh, Constable 335 Shahnawaz Akhtar and Constable 432 Akhilesh Singh alongwith jeep and its driver Rajendra Yadav, was on petrol duty and in search of wanted criminals at Rampur Chauraha he was informed by the informer that in village Bhetauli Bujurg, Tola Nauvgaon in the field of Ram Vriksha Yadav a tantrik is making fool of the innocent public by practicing exorcism. He has buried alive two persons. He, immediately, alongwith his colleagues reached at the spot where a huge cr
Participation in the act of exorcism constituted an offense under Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
The main legal point established is the validity of prosecution initiated by the Drugs Inspector under the Special Act and the need for regulation of online advertisements of drugs and medicinal tabl....
Mere possession of a large quantity of medicines without a license does not raise a presumption of possession for sale. The prosecution must affirmatively prove that the accused manufactured the drug....
Compliance with Section 42 of the NDPS Act is crucial for upholding convictions, particularly regarding arrest and recovery of narcotics.
Possession of controlled drugs without proper licensing constitutes an offer for sale, leading to conviction under the Drugs and Cosmetics Act.
Conscious possession of narcotics is required for conviction under the NDPS Act; failure to comply with procedural safeguards can lead to acquittal.
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