Not A Mere Breach Of Contract: Telangana High Court Refuses To Quash FIR In ₹73 Crore Garment Investment Fraud Accused Not Entitled To Copies Of 'Unrelied' Upon Documents At The Stage Of Framing Of Charges Under Section 91 CrPC: Supreme Court Elected Representatives Have No Privilege To Resort To Violence; Criminal Antecedents Are Material For Bail Adjudication: Supreme Court Mere Absence Of Transport Documents Does Not Create A Presumption Of Violation Of Chhattisgarh Agricultural Cattle Preservation Act, 2004: Supreme Court Section 396 IPC | Conviction For 'Dacoity With Murder' Requires Proof That Murder Was Committed In The Course Of Dacoity: Allahabad High Court 'Developers Cannot Delay Conveyance For Eternity And Milk Additional FSI Benefits': Bombay High Court Upholds Societies' Deemed Conveyance Pre-Approval Statutory Dues Stand Extinguished Upon Approval Of Resolution Plan; GST Authorities Cannot Initiate Fresh Proceedings: Calcutta High Court Unregistered Agreement To Sell With Delivery Of Possession Is Admissible In A Suit For Specific Performance: Delhi High Court Stigmatic Order Discharging Probationer Without Inquiry Is Void For Violation Of Natural Justice: Gujarat High Court Execution Proceedings | Court Cannot Impose Arbitrary Financial Conditions Without Reason In Stay Applications: Himachal Pradesh High Court Section 528 BNSS | High Court Cannot Exercise Inherent Powers To Circumvent Statutory Bar Against Second Revision: Delhi High Court Advocate Empanelment | Restriction On Multiple Applications Is A Procedural Choice Within Employer’s Domain: Delhi High Court Acquittal Appeal | Double Presumption Of Innocence In Favour Of Accused Cannot Be Disturbed Merely Because Another View Is Possible: Gujarat High Court SC/ST Act | Offence Under Section 3(1)(g) Not Attracted If Dispossession Or Interference Is Not Due To Victim's Caste: Himachal Pradesh High Court Judicial Officer Must Maintain Distance From Practicing Advocates To Avoid Impropriety: Gujarat High Court Upholds Dismissal Section 183 BNSS | Investigating Officer Cannot Independently Record Further Statement Of Victim After Recording Before Magistrate: Karnataka High Court Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

Absence of Compliance Under Section 50 of NDPS Act and Article 20(3) of Constitution Vitiate Proceedings: Supreme Court Acquits One, Upholds Conviction of Another in Heroin Trafficking Case

07 May 2024 8:19 AM

By: Admin


Supreme Court recently underscored the imperative of strict procedural adherence in NDPS Act cases, highlighting the consequences of non-compliance on the outcomes of criminal prosecutions. The apex court addressed these issues while delivering judgment on appeals against the Gujarat High Court’s verdict, which had confirmed the convictions related to heroin possession and transportation.

The origin of the case dates back to an operation by the Narcotics Control Bureau on January 30, 2003, at ST Bus Stand, Kheda, Gujarat. The operation led to the arrest of Anwarkhan (A-1) and the subsequent apprehension of Firdoskhan (A-2). Both were convicted by the trial court, and the High Court upheld these convictions. The apex court was tasked with evaluating the procedural validity and evidence integrity of their convictions.

Section 42 and 50 NDPS Act Compliance:

Section 42: The Court clarified the non-applicability of Section 42 to public place arrests, thereby affecting the defense’s argument about procedural lapses under this section.

Section 50: The Court determined that the rights under Section 50 of the NDPS Act were not violated in Anwarkhan’s case as the contraband was not found on his person but in a bag he was carrying.

Witness Testimony and Evidence Credibility:

The testimony of the panch witnesses and NCB officers was found credible and corroborated by material evidence, establishing the chain of custody and integrity of the seizure from Anwarkhan.

Admissibility of Confessional Statements: The Court critically analyzed the confessional statement of Firdoskhan, rendered inadmissible following the Tofan Singh ruling, which excludes confessions to police officers under Section 67 of the NDPS Act from evidentiary consideration due to constitutional protections against self-incrimination.

Decision of the Court: Anwarkhan’s Appeal: The appeal was dismissed, affirming his conviction based on solid evidence and adherence to legal procedures.

Firdoskhan’s Appeal: The appeal was allowed, and his conviction was overturned due to significant procedural flaws and the inadmissibility of the coerced confession.

Date of Decision: April 30, 2024

Firdoskhan Khurshidkhan v. The State of Gujarat & Anr.

 

Latest Legal News