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T. AMARNATH GOUD, ARINDAM LODH
Bablu Dhali – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. investigation around seizure of contraband (Para 3 , 4 , 5 , 10 , 11) |
| 2. procedural violations claimed by defence (Para 18 , 19 , 20 , 21 , 22) |
| 3. legal standards for search and seizure (Para 30 , 32 , 46) |
| 4. conclusion affirming conviction (Para 54 , 55) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. S. Sarkar, learned senior counsel assisted by Ms. N. Debbarma, learned counsel and Mr. R. Saha, learned counsel appearing for the appellants. Also heard Mr. S. Debnath, learned Addl. Public Prosecutor, appearing for the respondent-State.
2. Challenge here is the judgment and order of conviction and sentence dated 17.02.2020, passed by the learned Special Judge, Dharmanagar, North Tripura, in Case No. Special (NDPS) 06 of 2019 whereby and whereunder the appellants were convicted and sentenced to suffer rigorous imprisonment for 10 years each and further directed to pay a fine of Rs.1,00,000/- (Rupees one lakh) only each, with default stipulations for the offence punishable under Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (here-in-after referred to as NDPS Act).
3. The fact of the case, in a nutshell, is that one Assistant Sub-Inspector of P
The court upheld the conviction under the NDPS Act, establishing that procedural compliance and evidence corroborate guilt for possession of contraband.
Compliance with the provisions of Section 50 of the NDPS Act is not required where personal search of the body of the accused is not involved, and the provisions of Section 42 of the NDPS Act are not....
The court upheld the conviction under Section 20(b)(ii)(C) of the NDPS Act for possession of ganja, clarifying the applicability of Sections 42 and 43, and addressing the burden of proof regarding po....
The main legal point established is the importance of strict compliance with procedural requirements under the NDPS Act, the inadmissibility of statements recorded under Section 67 without corroborat....
The court confirmed that statutory requirements under the NDPS Act were met, upholding the conviction for possession of a substantial quantity of contraband.
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