IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Pappu – Appellant
Versus
State of Uttarakhand – Respondent
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. Ramji Srivastava, learned counsel for the Appellant and Mr. Bhaskar Chandra Joshi, learned AGA for the State, and has perused the entire lower court record.
3. The case, in brief, is that, a police party allegedly apprehended the Appellant and, upon search, is stated to have recovered from his possession a bag containing ganja. It is the case of the state that the recovered contraband was weighed and its quantity was found to be 20 kilograms.
4. On the basis of the aforesaid alleged recovery, a First Information Report was lodged against the Appellant and investigation commenced. After completion of investigation, a charge-sheet was submitted agai
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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