NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
Case: Babu Mondal & Ors. vs The State of West Bengal
Coram: Justice Moushumi Bhattacharya and Justice Prasenjit Biswas
Case No.: CRAN 1 of 2019
Court Observation: There are several facts to prove the faulty investigation made in the present case. The entire search and seizure process of the alleged contraband which is the genesis of the NDPS case, cannot be accepted as credible. The infirmities in the investigation and the violations of the mandatory provisions, dealt above, including of section 42, 52-A of the NDPS Act read with section 100 of the Cr.P.C, persuades this Court to suspend the sentence imposed upon the petitioner/appellants and grant bail to the petitioners/appellants pending hearing of the appeal.
The lacunae in the impugned judgment in the present case and the issues which have either been overlooked, misconstrued or erroneously dealt with by the learned Trial Court persuade us to hold that this is a fit case where we can invoke the powers under section 389(1) of the Cr.P.C for suspension of the order of conviction and sentence and direct release of the petitioners/appellants on bail pending the hearing of CRA 309 of 2019
Previous Posts
4 Circumstances To Be Proved In Cases Of Murder By Poison: Supreme Court Explains
