The Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 52A – NDPS – Conviction set aside – Plea that the mandatory provision of section 52 A of the NDPS Act was not followed in this case and the representative sample was not drawn in presence of the Magistrate
Held: I find that after recovery of contraband substances the officer concerned i.e. P.W.4 never approached the Magistrate for certifying the correctness of the inventory, certifying photographs of such drugs or substance taken before the Magistrate as true for grant of permission to draw representative sample so drawn in his presence. This creates a serious doubt about the prosecution’s case which is not free from suspicion and the same cannot be said to be established beyond all reasonable doubt, in the given background, especially in view of the evidence of P.W.1 and P.W.3.
It becomes crystal clear that though the inventory was prepared and produced before the learned JMFC, yet, mandatory rule of evidence, which requires the physical presence of a Magistrate followed by an order facilitating his approval either for certifying an inventory or for a photograph taken apart from list of samples drawn had not been followed. Merit in appeal – Appeal allowed – Conviction set aside. (Para 19, 24, 26, 29)
GAUHATI HIGH COURT
2023 STPL(Web) 139 Gauhati
[GAHC010146332023]
Bhaskar Baruah Vs. State Of Assam
Criminal Appeal No. 269 of 2023-Decided on 3-10-2023
https://stpllaw.in/wp-content/uploads/2023/10/2023-STPLWeb-139-Gauhati.pdf
