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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Pappu – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. ndps conviction appealed on procedural grounds. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. section 50 non-compliance and witness absence argued. (Para 9 , 10 , 11 , 12 , 13) |
| 3. state relies on consistent police testimony. (Para 14 , 15) |
| 4. strict ndps procedural safeguards mandatory. (Para 16 , 17 , 18) |
| 5. failure to inform section 50 rights vitiates search. (Para 19 , 20 , 21) |
| 6. independent witnesses essential despite police testimony. (Para 22 , 23) |
| 7. unbroken custody chain foundational for conviction. (Para 24 , 25) |
| 8. doubtful prosecution case benefits accused. (Para 26 , 27) |
| 9. cumulative failures warrant benefit of doubt. (Para 28) |
JUDGMENT :
Ashish Naithani, J.
This Criminal Appeal has been preferred under Section 374 of the Code of Criminal Procedure against the judgment and order dated 27.06.2007 passed by the learned Sessions Judge, Almora in Special Sessions Trial No. 2 of 2004, whereby the Appellant has been convicted under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and has been sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs. 10,000/-, with default stipulation.
2. This Court has heard Mr
Conviction under NDPS Act set aside for non-compliance with Section 50, lack of independent witnesses despite availability, and chain of custody infirmities, entitling accused to benefit of doubt due....
Strict compliance with Section 50 of the NDPS Act is required for the search and recovery of narcotic substances, and failure to comply can lead to the invalidation of the seizure.
Section 50 would come into play only in the case of a search as distinguished from search of any premises etc.
Benefit of the doubt extended to the appellant due to errors and discrepancies in the prosecution's case.
Seizure of Ganja – Once foundational facts are proved, statutory presumption under Section 54 of NDPS Act legitimately operates against accused.
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