High Court Upholds Acquittal in Narcotics and Arms Act Case Due to Prosecution's Failure to Establish Custody and Non-Compliance with Procedures

In a recent judgment, the High Court of Jammu & Kashmir and Ladakh upheld the acquittal of the accused in a case involving charges under the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act) and the Arms Act. The court, in its decision, emphasized the prosecution's failure to establish custody and non-compliance with the required procedures, leading to discrepancies in the case.

The court stated, "The prosecution case in the trial court was not only replete with material contradictions and discrepant on material aspects, but mandatory provisions of the NDPS Act have been observed in breach." The judgment, delivered by Justices Rajesh Sekhri and Sanjeev Kumar, shed light on several crucial aspects that contributed to the acquittal.

The case revolved around the prosecution's claim that the accused, Yousuf Massi, had made a disclosure about the hiding of a pistol, live cartridges, and packets of heroin in his house and the land of the respondent, Sham Lal. However, the court found that the prosecution failed to establish the custody of the respondent with the investigating agency, which was crucial for proving the disclosure and subsequent recovery.

Furthermore, discrepancies in the prosecution's case were highlighted during the trial. Independent witnesses did not support the prosecution's version of events, weakening their argument. Additionally, the court pointed out that the prosecution failed to comply with the safe custody and forwarding procedures of the seized contraband, as mandated by the NDPS Act.

"The contraband recovered in the present case was not kept in safe custody and forwarded to the Forensic Science Laboratory (FSL) in accordance with the law and without any delay," stated the court. This lapse in proper procedure cast doubt on the integrity of the evidence presented by the prosecution.

Considering these factors, the High Court upheld the trial court's judgment of acquittal, finding no illegality or impropriety in the decision. The court emphasized the prosecution's obligation to establish custody and comply with the necessary procedures to ensure a fair trial.

Date of Judgment: April 26, 2023

State of J&K vs  Sham Lal