Absence of Compliance with Section  52 A of NDPS Act Provisions Leads to Acquittal: Supreme Court Quashes Conviction in Ganja Seizure Case

The Supreme Court, in a landmark judgment dated March 1, 2024, acquitted the appellants in a Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) case. The bench comprising Justices B.R. Gavai and Sandeep Mehta highlighted significant procedural lapses and evidentiary inconsistencies, leading to the quashing of the lower courts' convictions.

The case involved the appellants Mohammed Khalid and another, who were initially convicted under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for alleged possession and transportation of 80 kg of ganja. The High Court upheld the trial court’s verdict, which was subsequently challenged in the Supreme Court.

The apex court pointed out critical flaws in the seizure and sampling process. It was observed that the prosecution failed to comply with essential provisions of the NDPS Act, notably Section 52A, which deals with the preparation of inventory and sampling in the presence of a jurisdictional Magistrate. The court noted, "The absence of compliance with Section 52A of the NDPS Act rendered the FSL report ineffectual."

Moreover, the Supreme Court found major inconsistencies in the prosecution's narrative and the handling of evidence, particularly the admissibility of the confession to police, which was deemed inadmissible under Section 25 of the Evidence Act.

In light of these observations, the Supreme Court acquitted the accused, overturning the decisions of the trial court and the High Court. The judgment underscored the necessity of strict adherence to procedural norms in criminal cases, especially under the NDPS Act

Date of Decision:March 1, 2024

Mohammed Khalid and Another vs. The State of Telangana,