Appellants Sentenced to 15 Years for Commercial Quantity Codeine Cough Syrup Possession
In a significant ruling, the Chhattisgarh High Court has upheld the conviction and sentencing of Smt. Sneha Goyal and others, who were found guilty of possessing narcotic substances under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal affirmed the Special Judge's decision convicting the appellants for possessing Codeine-containing cough syrup in commercial quantities.
The case stemmed from a police operation in Bilaspur, Chhattisgarh, where the accused were intercepted and found in possession of 175 bottles of cough syrup containing Codeine, a controlled substance under the NDPS Act. The prosecution successfully established that the appellants were in conscious possession of the contraband, with statutory presumptions under Sections 35 and 54 of the NDPS Act remaining unrebutted.
Despite the appellants' arguments challenging procedural compliance and the credibility of prosecution witnesses, the court found that the search and seizure were conducted lawfully under Section 43 of the NDPS Act, as the contraband was recovered from bags and not from the personal body of the accused. The court noted that the provisions of Section 50, which provide safeguards for personal searches, were not applicable in this instance.
The appellants were sentenced to 15 years of rigorous imprisonment along with a fine, with the court dismissing the appeals against their conviction. The court directed the appellants to continue serving their sentence, affirming the trial court's judgment and emphasizing the seriousness of NDPS Act violations.
The judgment reiterates the stringent legal standards and procedural requirements under the NDPS Act, underscoring the importance of maintaining the integrity of the criminal justice process in narcotics cases.
Bottom Line:
Narcotic Drugs and Psychotropic Substances Act - Compliance with procedural safeguards under Sections 42, 43, 50, 52A, and 55 - Seizure of contraband from bags and not the person of the accused - Applicability of statutory presumptions under Sections 35 and 54 - Conscious possession established by prosecution beyond reasonable doubt.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21(c), 35, 42, 43, 50, 52A, 54, 55, Criminal Procedure Code Section 374(2), Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 Rule 13
Smt. Sneha Goyal v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc id # 2865707
