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KARUNESH SINGH PAWAR
Mohd. Haleem – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. common appeal filed against conviction and sentencing under ndps act. (Para 1 , 2) |
| 2. arguments against the legality of search and seizure under the ndps act. (Para 18 , 19) |
| 3. court's analysis of compliance with the procedural requirements of the ndps act. (Para 20 , 21 , 24 , 26 , 27 , 30 , 37) |
| 4. final ruling acquitting the appellants due to procedural violations. (Para 38) |
JUDGMENT :
Karunesh Singh Pawar, J.
1. Criminal appeal No.201 of 1994 and the connected criminal appeals No.182, 191 and 206 - all of 1994, were heard together and a common judgment is being passed as the appeals arise out of same sessions trial. Criminal Appeal No.201 of 1994 is the leading case.
2. Present criminal appeals have been preferred against the judgment and order dated 19.4.1994 passed by Special Judge/Additional Sessions Judge, Barabanki in Sessions Trial No.296 of 1987 whereby the accused appellants have been convicted and sentenced to undergo 10 years R.I. with Rs.1 lac fine in each of the offences under sections 8/18, 8/21 and 8/22 of N.D.P.S. Act, with default provision.
3. Heard learned counsel for the appellants and learned AGA for the State.
4. During pendency of this appeal, app
The court held that non-compliance with the provisions of the NDPS Act, particularly relating to authorization of officers for search and seizure, invalidated the conviction.
Procedural lapses in narcotics investigations under NDPS Act can lead to dismissal of convictions, requiring strict adherence to statutory requirements for search and custody.
Total non-compliance with Section 42 of the NDPS Act renders the search and seizure invalid, compromising the prosecution's case and necessitating overturning of the conviction.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
Strict compliance with the NDPS Act's procedural requirements is mandatory; failure to do so vitiates the trial and leads to acquittal.
Point of Law : NDPS Act – Search and seizer of Contraband - Hostility of independent witnesses was not something new to criminal court and such hostility by itself cannot deliver any advantage to the....
Search and seizure conducted by an unauthorized officer under the NDPS Act renders the conviction illegal; prosecution must prove compliance with mandatory provisions.
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