ILC-2011-SC-CRL-Apr-1
Ashok @ Dangra Jaiswal Vs. State of M.P.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 8 , Section 21
Conviction and sentence - Personal search - Smack powder recovered - Two independent witnesses of seizure - Declared hostile from the time of seizure till their deposit in FSL - Not clear where samples were laid - Handled by how many people in what ways - Narcotic substance - Seized - Deposited in Malkhana - Two months later - No explanation - Where the seized substance was kept meanwhile - Narcotic powder seized - Never produced before trial court - No evidence to connect forensic report with substance seized - Conviction set aside - Acquittal - Benefit of doubt - Appeal allowed.
Ms. Vibha Datta Makhija, Advocate
Topic(s)-Independent witnesses , Hostile
Important Decision(s)- NDPS Act - Independent witnesses - Hostile - Seized powder - Never produced before trial court - Acquittal.