Certified Inventory Alone Insufficient For NDPS Convictions: Punjab And Haryana High Court Emphasizes Producing Examined Sample Parcels Alongside Certified Inventories

The Punjab and Haryana High Court has acquitted Kuldeep Singh alias Keepa, previously convicted for offenses under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court held that the prosecution's reliance solely on certified inventories without producing the examined sample parcels in court was insufficient to sustain the conviction. This ruling underscores the importance of comprehensive evidence, including physical samples, in narcotics cases.

Kuldeep Singh alias Keepa was convicted by the Special Court, Jalandhar, on March 2, 2022, for possession of poppy husk under Section 15 of the NDPS Act. He was sentenced to 12 years of rigorous imprisonment and fined Rs. 1,00,000. The case stemmed from an incident on May 15, 2014, when the police intercepted his vehicle and found 40 kg of poppy husk. Singh's subsequent appeal to the High Court argued that the conviction was based on inadequate evidence.

The court, comprising Justices Sureshwar Thakur and Lalit Batra, identified several flaws in the evidence presented. The primary issue was the prosecution's failure to produce the examined sample cloth parcels in court, relying instead on the certified inventory and the Forensic Science Laboratory (FSL) report. Justice Thakur emphasized that “the certified list of representative samples, per se, is not primary evidence without the examined sample cloth parcels.”

The court highlighted the necessity of producing both the FSL report and the examined sample parcels in court. “The laboratory testings of the stuff inside the representative parcels referred in the certified inventory drawn under Section 52-A of the Act is imperative,” the court stated. This requirement ensures the integrity of the evidence and allows for the defendant's right to challenge the evidence through cross-examination and independent verification.

The judgment referenced key legal principles and precedents, asserting that the inventory and certified list of samples alone do not constitute sufficient primary evidence. The court cited the need for a comprehensive approach, aligning with the legislative intent of Section 52-A of the NDPS Act, which mandates rigorous evidence collection and presentation protocols.

Justice Sureshwar Thakur remarked, “The mere production of the certified inventory in court, without the accompanying examined sample parcels, cannot be construed as primary evidence to sustain a conviction under the NDPS Act.”

The acquittal of Kuldeep Singh alias Keepa by the Punjab and Haryana High Court reinforces the stringent requirements for evidence in narcotics cases. The ruling clarifies the necessity of producing examined sample parcels alongside certified inventories and FSL reports, ensuring that convictions are based on comprehensive and verifiable evidence. This judgment is expected to impact future narcotics prosecutions, mandating higher standards for evidence collection and presentation.

Date of Decision: May 6, 2024

Kuldeep Singh alias Keepa vs. State of Punjab