Case Note & Summary
The appeal arose from a judgment of the Special Judge (NDPS Court), Nagpur, in NDPS Special Case No. 24 of 2017, whereby the appellant was convicted for the offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced the appellant to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000 with a default stipulation of simple imprisonment for three months. According to the prosecution case, on 2 February 2017, the appellant was found travelling in the Vishakhapatnam-Nijamuddin Express with contraband ganja in his bag. PSI Bose of the Railway Protection Force, Nagpur, submitted a letter to PSI Datta Pendke, the night duty officer at the Railway Police Station, Nagpur, leading to a raid and interception of the appellant. The RPF officers offered the appellant the option of being searched before a gazetted officer. The trial court found the evidence sufficient to establish the appellant's guilt under Section 20(b) of the NDPS Act and imposed the sentence. The appellant challenged this conviction and sentence before the High Court, contending that the prosecution had not proved its case beyond reasonable doubt and that there were procedural lapses in the search and seizure. The High Court heard the matter on 2 April 2025 and delivered judgment on 23 April 2025.
Issue of Consideration
CRIMINAL APPEAL NO.238 OF 2023N
Case Details
2025 LawText (BOM) (04) 192
Criminal Appeal No. 238 of 2023
Naman Bhangde, S.S. Dhote
Dhanesh Puri Guru Prem Puri
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Nature of Litigation
Criminal appeal against conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession of ganja.
Remedy Sought
The appellant sought to set aside the conviction and sentence imposed by the trial court.
Filing Reason
The appellant was convicted under Section 20(b) of the NDPS Act and sentenced to three years rigorous imprisonment and fine, prompting the appeal.
Previous Decisions
The Special Judge (NDPS Court), Nagpur, in NDPS Special Case No. 24/2017, convicted the appellant for the offence under Section 20(b) of the NDPS Act and sentenced him to rigorous imprisonment for three years and fine of Rs. 25,000.
Judgment Excerpts
By this appeal, the appellant (accused) has challenged judgment and order dated 17.3.2023 passed by learned Special Judge (NDPS Court), Nagpur.
the accused is convicted for offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to undergo rigorous imprisonment for 3 years and to pay fine Rs.25000/-, in default, to undergo simple imprisonment for 3 months.
The search was offered by the RPF Officers to the accused and his right to get himself searched before gazetted officer was also
Procedural History
The trial court convicted the appellant on 17 March 2023 in NDPS Special Case No. 24/2017. The appellant filed Criminal Appeal No. 238 of 2023 before the High Court of Bombay at Nagpur. The appeal was heard on 2 April 2025 and judgment was pronounced on 23 April 2025.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 20(b)
