Back
HIGH COURT OF TRIPURA
MR. JUSTICE BISWAJIT PALIT, J
The State of Tripura – Appellant
Versus
Sri Prasenjit Nath – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
This appeal is preferred challenging the judgment and order dated 04.07.2024 delivered by Learned Special Judge (NDPS), North Tripura, Dharmanagar in connection with case No. Special(NDPS) No.42 of 2019. By the said judgment, the respondent was acquitted from the charge levelled against him under Section 21(b) of NDPS Act.
2. Heard Learned P.P., Mr. Raju Datta appearing on behalf of the appellant and also heard Learned Counsel, Mr. Bhaskar Deb along with Learned Counsel, Mr. Victor Ghosh appearing on behalf of the respondent.
3. At the time of hearing of argument, Learned P.P. drawn the attention of the Court that the Learned Trial Court failed to appreciate the provisions of Section 42, 50 and 57 of the NDPS Act and delivered the judgment acquitting the respondent-accused from the charge of this case. He further submitted that Section 50 of NDPS Act was not applicable in this case but the Learned Court below came to the observation that no notice was served before carrying out the search. In respect of Section 57 of NDPS Act, it was the observation of Learned Court below that the Officer conducting search is duty bound to communicate the arrest and seizur
The appellate court upheld the acquittal of the respondent-accused due to the prosecution's failure to prove charges and denied the request for additional evidence as it aimed to fill gaps in the pro....
The court emphasized that additional evidence under Section 391 of the Cr.P.C. must not prejudice the accused and should only be admitted if necessary to prevent a failure of justice.
The main legal point established in the judgment is the significance of compliance with mandatory provisions of the ND&PS Act, 1985, particularly regarding the presence of independent witnesses durin....
NDPS Act – Search and seizer of contraband – Conviction set aside - prosecution has not complied with the provisions of Section 42 of NDPS Act as the information alleged to have been received regardi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
