Contradictions In Eyewitness Accounts And Suppression Of Crucial Evidence Weaken The Prosecution's Case: Telangana High Court High Court of Sikkim Sets Aside Trial Court’s Decision on Maintainability of Suit: Preliminary Issues Must Be Purely of Law Courts Must Focus on Substance Over Procedure, Says High Court Writ Petitions Against Civil Court Orders Must Be Under Article 227: Patna High Court Reiterates Jurisdictional Boundaries Kerala High Court Upholds Eviction, Rejects Sub-Tenant's Kudikidappu Claim Contractual Employment Does Not Confer Right to Regularization: Jharkhand High Court Divorced Wife Entitled to Maintenance Under Domestic Violence Act for Past Domestic Violence: Bombay High Court Tenants Cannot Prescribe How Landlords Utilize Their Property: Delhi High Court Validates Eviction Labour Commissioner to Decide Petitioner’s Date of Birth Claim within Three Months, Ensuring Proper Verification and Consideration of Evidence: Uttarakhand High Court Concealment of Health Condition and False Allegations Amount to Cruelty: Gujarat High Court Upholds Divorce Decree Possession Implies Constructive Notice: Duty to Inquire Rests on Subsequent Purchasers: Supreme Court Clarifies Bona Fide Purchase Standards Judicial Proceedings Cannot Be Instituted After Four Years: MP High Court in Quashing FIR Against Retired Engineer Orissa High Court Invalidates Lecturer Recruitment Advertisements for Non-Compliance with UGC Standards Public Interest Jurisdiction Not a Substitute for Private Litigation: Karnataka High Court Declines PIL Cognizance under Section 188 IPC is illegal without a public servant’s complaint:Kerala High Court Juvenile Justice Act Prevails Over Recruitment Rules: Madras High Court Rules Juvenile Records Cannot Bar Employment in Police Services" Calcutta High Court Quashes MR Distributorship Selection Due to Irregularities in Godown Compliance and Selection Process Once the driver has established the validity of his license, the insurer cannot escape liability without conclusive proof to the contrary: J&K HC Belated Claims Cannot Be Entertained: Kerala High Court Overturns CAT Decision on Date of Birth Correction DNA Tests Cannot Supersede Established Legal Presumptions: Himachal Pradesh HC Section 26E of SARFAESI Act Overrides VAT Act: Secured Creditor's Charge Has Priority Over State's Tax Dues: Gujrat High Court High Court of Delhi Clarifies Jurisdiction in Commercial Dispute: 'Procedural Efficiency Must Be Upheld Power Under Section 319 CrPC Cannot Be Exercised Without Prima Facie Case Beyond Contradictions: Supreme Court Motive Alone Insufficient for Conviction Without Corroboration: Supreme Court Supreme Court Ensures Equal Financial Benefits for All High Court Judges: Discrimination Based on Recruitment Source Struck Down Andhra Pradesh High Court Acquits Four Accused: Cites Contradictory Dying Declarations and Lack of Independent Evidence in Murder Case Evidence Corroborates Violent Robbery and Recovery of Stolen Articles: Calcutta High Court Upholds Conviction in Burrabazar Dacoity Case Failure to Implead Contesting Candidates is Fatal; Fundamental Defect Cannot Be Cured: Bombay High Court Dismisses Election Petition Magistrate Not Functus Officio Post-Final Order in Maintenance Cases: Allahabad High Court Substantial Questions of Law a Must in Second Appeals, Reiterates Andhra Pradesh High Court Inconsistencies and Procedural Lapses: Allahabad High Court Acquits Four in Neeta Singh Murder Case Non-Registration of Tenancy Invites Eviction, Dual Ownership No Bar to Landlord's Rights: Madras High Court Pension Must Reflect Retrospective Pay Revision: Kerala HC Directs Revised Payout within Four Weeks Regularization Issue Must Be Resolved by Industrial Tribunal: Karnataka High Court puts recruitment on hold for a month, calls for review of contract workers’ status Reliance on Hostile Witnesses and Lack of Forensic Evidence Cannot Sustain Conviction: J&K High Court Acquits Accused in Assault Case" Injunction Suit Valid Without Title Declaration When Plaintiff's Possession Is Clear: Orissa High Court Pretrial Detention Cannot Amount to Pre-Conviction Punishment: Punjab & Haryana High Court Grants Bail in Attempted Murder Case Concessions/Statements by Counsel Cannot Be Disowned By Party on Claims of Misunderstanding: Delhi High Court Rules Against SAI Bank Officers Must Adhere to ‘Higher Standards of Honesty and Integrity: Jharkhand High Court in Upholding Dismissal for Misappropriation Strict Proof of Marriage Not Mandatory for Maintenance Under Section 125 CrPC: Calcutta High Court High Court Upholds Seniority Rights of Contractual Junior Engineers NDPS | Three Years Without Trial Progress Cannot Justify Continued Incarceration: Bombay High Court Grants Bail Integrity is Non-Negotiable in Judicial Service: Allahabad High Court Affirms Termination for Concealed Criminal Case Court Must Presume Offence at Charge-Framing Stage, Not Assess Likelihood of Conviction: Madhya Pradesh High Court

Fairness in Investigation Crucial, Concealment of Objections by Forensic Lab Fatal to Prosecution: High Court Acquits in N.D.P.S. Act Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Punjab and Haryana High Court, under the bench of Hon’ble Mr. Justice Pankaj Jain, acquitted Zorawar Singh @ Shenty in the case of unauthorized possession of narcotic drugs, overturning the trial court’s conviction under Section 22 of the N.D.P.S. Act.

Brief on Legal Point:

This case primarily revolved around the legal intricacies of fairness in the investigation process under the N.D.P.S. Act. The key issue was the validity of the appellant’s conviction, given the alleged irregularities in the investigation.

Facts and Issues Arising:

Zorawar Singh was convicted by the Special Court, Patiala, for possessing 400 MICROLIT Tablets, a narcotic substance. The appellant’s counsel challenged the trial’s integrity, citing discrepancies in the FIR, search memo, and recovery memos. Particularly contentious was the prior knowledge of the Investigating Officer (I.O.) regarding the FIR number and the nature of the offence before the recovery.

Detailed Court Assessment:

Flaws in Investigation and Trial Process: The court noted discrepancies in the FIR and recovery memos, suggesting premeditated charging under Section 22 of the N.D.P.S. Act. The I.O.’s prior knowledge of the offence raised doubts about the investigation’s transparency.

Concealment by Forensic Lab: The concealment of objections raised by the Forensic Lab was deemed a significant lapse. This non-disclosure was seen as a violation of the principle of a fair trial.

Fairness of Investigation: Emphasizing the importance of a fair investigation, especially in narcotic cases, the court criticized the secretive approach adopted by the I.O. and the prosecution, undermining the trial’s integrity.

Decision: Considering these significant flaws, the High Court set aside the trial court’s judgment and acquitted Zorawar Singh of the charges under Section 22 of the N.D.P.S. Act.

 

Date of Decision: March 04, 2024

 Zorawar Singh @ Shenty Vs. State of Punjab

Similar News