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SUSHRUT ARVIND DHARMADHIKARI
Bijju @ Vijay Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The instant appeal under Section 374(2) of Criminal Procedure Code has been filed by the appellant/accused being aggrieved by the judgment and finding dated 09.11.1998 passed by the learned Special Judge, Shahdol in Special Case No.20/1998(N) whereby the appellant/accused has been convicted under Sections 20 (B)(i) of Narcotic Drugs and Psychotropic Substances Act. 1985 (hereinafter referred as 'ÂNDPS Act'™) and sentenced to undergo R.I. for 3 years with fine of Rs.5000/-, with default stipulation of 6 months R.I.
2. The prosecution story in nutshell is that, on 10.06.1998, while patrolling, A.S.I.-Vijay Bahadur Singh received an information that the appellant/accused possessed contraband substance i.e. Ganja at Indwar Tiraha for selling purpose. He immediately rushed there along-with other officials and seized 1.5 Kg Ganja from the possession of appellant/accused which was kept in a carry bag, in the presence of two independent witnesses namely Dhanni (PW-1) and Kaushal Prasad (PW-2). He arrested the accused and registered the case for the offence punishable under NDPS Act.
3. After completing the investigation, the police filed the charge-sheet. The appellant/accused ab
The main legal point established in the judgment is the interpretation and application of Section 50 and Section 54 of the NDPS Act in the context of proving the possession of contraband substance an....
Narcotics, Intoxicate and Liquor - Search and seizure – Investigation by Police officer - There is no legal proposition that evidence of police officials unless supported by independent evidence is u....
Seizure of Ganja – Once foundational facts are proved, statutory presumption under Section 54 of NDPS Act legitimately operates against accused.
The court affirmed the conviction under the NDPS Act, emphasizing that procedural lapses do not invalidate the trial when no prejudice is demonstrated, and the prosecution established possession and ....
The admissibility of police witnesses' evidence and the requirement of substantial compliance with statutory provisions are crucial legal principles established in this judgment.
Possession of narcotics requires no personal search compliance under Section 50 when found during public checks; evidence established conscious possession leads to conviction under the NDPS Act.
Stringent punishment has been provided for offences punishable under NDPS Act.
Point of Law : The purpose of Section 52-A is to provide a mechanism, whereby there is no misuse of the contraband recovered by the authorities and the same is kept in safe custody and/or destroyed w....
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