Narcotic Drugs and Psychotropic Substances Act, 1985
Sections 8 & 20(B)(ii)(c)—Recovery of Ganja—Identity of accused—Proof of—All the contemporary documents, including the memo of arrest of the same date, do not mention the name of the appellant as the accused—Even in the examination of appellant under Sec. 313 of CrPC (Sec. 351 of the BNSS, 2023), it is not put to the appellant that she is the same person who was arrested earlier—Appellant was deprived of an opportunity to deal with the prosecution case and this caused prejudice to her—Failure of prosecution to prove the identity of appellant as accused—Guilt of appellant has not been proved beyond reasonable doubt—Appellant acquitted.
[Paras 10 to 12]