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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
J.SREENIVAS RAO
Jadhav Gopal S/o Chennu – Appellant
Versus
State of A.P. through Public Prosecutor, High Court of A.P. Hyderabad – Respondent
JUDGMENT :
J. SREENIVAS RAO, J.
1. This Criminal Appeal has been filed by the appellant/accused aggrieved by the judgment passed by the learned Special Judge for trial of Cases under N.D.P.S. Act-cum-I Additional Sessions Judge, Adilabad (for short, the ‘trial Court’), dated 17.01.2023, in N.D.S.C.No.1 of 2012, where under, the appellant was found guilty for the offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’) and convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs.2,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months.
2. For the sake of convenience, the parties herein are referred to as they were arrayed before the trial Court.
3. The case of the prosecution in nutshell:
3.1. On 02.10.2009, upon receiving credible information about illegal cultivation of ganja, LW.5 along with staff and panch witnesses proceeded to agricultural land in Sy.No.10/185/E, Ac.1-32 guntas, Nimmathanda Village, Sirpur (U) Mandal. The accused Jadav Gopal was found in the field and stated that although the land stands in the name of his wife Jad
Confessions to police officers are inadmissible; failure to follow mandatory procedures under the NDPS Act voids prosecution.
The main legal point established in the judgment is that the prosecution must prove the accused's guilt beyond reasonable doubt, and failure to establish key elements of the alleged offense can resul....
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
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