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As per case facts, on 2Narcotic Drugs and Psychotropic Substances A0.09.2023, an FIR was lodged alleging recovery of 42 soap cases of suspected heroin from a vehicle and the appellant's
...possession at a police outpost. The appellant was charged under NDPS Act, convicted by the trial court, and sentenced to rigorous imprisonment. The appeal impugns this Judgment, citing unfair investigation, non-compliance with Section 50 NDPS Act, unreliability of witnesses, and improper Section 313 CrPC examination. The question arose whether the prosecution adequately proved possession of contraband and if the trial's procedural aspects were correctly followed. Finally, this Court found that the prosecution failed to prove the appellant's possession of the contraband, as police witnesses did not clarify recovery details, and the driver's role was uninvestigated, casting doubt. The Section 313 CrPC examination was also improper, failing to specifically put incriminating evidence. Consequently, the conviction was set aside, and the appellant was acquitted due to benefit of doubt.
Bench
Applied Acts & Sections
Section 21
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 37
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 42
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 50
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Section 52A
–The Narcotic Drugs and Psychotropic Substances, Act, 1985
Legal Notes
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