Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8 & 20(b) (ii)(c)–Code of Criminal Procedure, 1908–Sec. 313–Conviction–Sustainablity–Factual situation that in FIR, memorandum of medical examination, seizure memo, arrest memo and remand report, the name of accused was mentioned Seema Choudhary and her age was mentioned to be seventeen years–In none of documents produced alongwith the charge sheet, K. Shikha Barman was mentioned as the accused–Evidence of prosecution clearly shows that on 4th March, 2016, one Seema Choudhary was found sitting with another accused in the Wagon R Car–It was not put to appellant u/s. 313 Cr.P.C. that she is the same person as Seema Choudhary, who was arrested–Appellant was deprived of an opportunity to deal with the prosecution case–Conviction is liable to be quashed and set aside.


