LAWS(GAU)-2012-6-77

RANJIT SARKAR Vs. SANDIP DAS

Decided On June 12, 2012
RANJIT SARKAR Appellant
V/S
SANDIP DAS Respondents

JUDGEMENT

(1.) CRIMINAL Appeal (J) No.60 of 2006 and CRIMINAL Appeal No.02 of 2007, taken up together for judgment since both the appeals preferred against a single judgment dated 16.06.2006, passed by learned Special Judge(District & Sessions Judge), West Tripura, Agartala, in Special Case No.18 of 2006. This single judgment shall govern both the appeals. CRIMINAL Appeal(J) No.60 of 2006 filed by the convict-appellant Ranjit Sarkar under Section 374(2) of Cr.P.C., challenging the judgment and order of conviction and sentence dated 16.06.2006, passed by learned Special Judge, in Special Case No.18 of 2006, convicting the appellant under Section 20(C) read with Section 25 of the NDPS Act, 1985 and sentencing him to suffer RI for 12(twelve) years and to pay a fine of Rs.1,00,000/- (rupees one lakh), in default of payment of fine to suffer further rigorous imprisonment for 3(three) years. CRIMINAL Appeal No.02 of 2007 is filed by the Inspector of Customs, DFP Unit, Customs Division, Tripura, Agartala under Section 378(4) of Cr.P.C., challenging the judgment and order of acquittal dated 16.06.2006, passed by learned Special Judge, West Tripura, Agartala, in Special Case No.18 of 2006, acquitting the accused-respondent Sanjit Sarkar from the charge framed against him under Section 20(C) of the NDPS Act, 1985.

(2.) HEARD learned counsel, Mr. H.K. Bhowmik for the appellant-Ranjit Sarkar in Criminal Appeal (J) No.60 of 2006 and for the respondent-Sanjit Sarkar in Criminal Appeal No.02 of 2007 and also heard learned Asstt. S.G., Mr. P.K. Biswas for the respondents in Criminal Appeal (J) No.60�1/2 of 2006 and for the Criminal Appeal No.02 of 2007.

(3.) NATURE OF THE PROCEEDINGS UNDER THE ACT: The Narcotic Drugs and Psychotropic Substances Act, 1985 is a special law enacted by the Parliament with an object for controlling and regulating the operations relating to narcotic drugs and psychotropic substances. It was felt that due to fast increase of consumption of drugs, the country has becoming one of the centers of Narcotics-under-world-criminals and in order to curb this, the NDPS Act was brought into force. The Act has prescribed stringent punishment for the offenders and special procedure to be followed. Under the Act, specific procedure has been laid down for arresting the persons, their search, and deposit of articles recovered, taking sample therefrom, etc. under different Sections prescribed in Chapters V and V (A) of the Act. The Act prescribes the application of the provision of the Criminal Procedure Code in so far as the same which is not inconsistent with the provisions of the Act with respect to the issue of warrants, arrest, searches and seizures thereunder. The legislature deliberately made such provisions and has given some safeguards to the accused persons also so that they may not be harassed unnecessarily and these are almost mandatory provisions. Ignorance and/or non-compliance of the prescribed provisions by the Investi-gating Agency is fatal for the prosecution. The benefit of such non-compliance will definitely facilitate a wrongdoer to escape from punish-ment.