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CHHATTISGARH HIGH COURT
Sanjay Kumar, J
Raju Pandey – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. prosecution's case detailing the circumstances of the arrest and seizure. (Para 2 , 3) |
| 2. defense arguments regarding the violation of search protocols. (Para 5) |
| 3. discussion on the importance and mandatory nature of compliance with section 50. (Para 11 , 12) |
| 4. conclusion on the failure of the prosecution to comply with mandatory search requirements. (Para 14 , 15) |
1. As common question of law and facts are involved in both the appeals, they are heard analogously and are being disposed of by this common order.
2. These appeals are preferred under S.374(2) of the Code of Criminal Procedure, 1973 against judgment dated 14.05.2001 passed by Special Judge (NDPS Act), Surguja (C.G.) in Special Criminal Case No. 20/2000, wherein the said court convicted both the appellants for commission of offence under S.22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced them to undergo R.I. for 10 years each and fine of Rs. 1,00,000/- each with further default stipulations for having possession of contraband article brown sugar to the tune of 1 gm. 950 mg. and 1 gm. 340 mg., respectively on 16.07.2000 at 15:40 O'clock at Bramhapara, Am
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