High Court Acquits Accused in NDPS Case Citing ‘Incomplete Link Evidence and Procedural Irregularities’”

In a significant ruling, the High Court of Punjab and Haryana has overturned a lower court’s conviction in a narcotics case, emphasizing the importance of procedural compliance and integrity of evidence in criminal proceedings. The appellant, previously sentenced to rigorous imprisonment for possession of a commercial quantity of Alprazolam, a prohibited substance under the NDPS Act, has been acquitted of all charges.

The High Court’s decision, pronounced on November 22, 2023, in the case CRA-S-149-SB-2014, highlighted various procedural lapses and discrepancies in the investigation and trial process. Hon’ble Mrs. Justice Ritu Tagore, in her judgment, noted critical issues with the ‘link evidence’, stating, “In given evidence, it is reasonably concluded that in present case link evidence is incomplete” [Para 20].

The judgment underscored the failure of the investigating officer to comply with Section 52-A (2) (c) of the NDPS Act, which mandates drawing a representative sample in the presence of a Magistrate. “It is a case where no sample was drawn in the presence of Magistrate in compliance of mandatory provisions of Section 52-A (2) (c) of the Act” [Para 26], the Court observed, questioning the integrity of the sample tested.

Another significant point raised was the unexplained delay in sending the sample to the Chemical Examiner, which the Court found inconsistent with the guidelines requiring swift action. The judgment elaborated, “The witnesses have not furnished any explanation for the delay in sending the sample to the Chemical Examiner” [Para 28], casting further doubt on the evidence’s reliability.

The Court also noted the failure to involve independent witnesses during the recovery of the contraband, a critical oversight given the public nature of the recovery site. “Evidence shows that no earnest effort was made to join an independent witness to the recovery proceedings” [Para 34], Justice Tagore stated, underscoring the importance of impartiality in such procedures.

High Court’s acquittal of the appellant underscores the judicial system’s commitment to upholding procedural safeguards and the integrity of criminal investigations, particularly in cases involving severe penalties under the NDPS Act. This ruling sets a precedent for the meticulous scrutiny of evidence and procedural compliance in narcotics-related cases.

Date -22.Nov.2023

Kashmir Singh vs State of Punjab