Independent Witnesses Not Mandatory to Prove Charges Under NDPS Act: Supreme Court

In a significant ruling, the Supreme Court of India, comprising Justice M.M. Sundresh and Justice Aravind Kumar, upheld the conviction of an appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, Jagwinder Singh, was convicted for possessing 54 Kgs of poppy husk.

The apex court’s decision, delivered on November 2^nd, reaffirmed the judgments of both the Trial Court and the High Court. In a key observation, the Supreme Court noted, “Law does not require only an independent witness to prove a charge attracting the provisions of NDPS Act.” This remark highlights a crucial aspect of evidence law in narcotic cases, underscoring the court’s stance on the necessity of independent witnesses in NDPS cases.

The appeal raised significant questions regarding the procedural compliance in the seizure and recovery of narcotics. The court observed that non-filling of the CFCL form at the site of arrest and recovery, and the delay in sending samples for the FSL report, were not fatal to the prosecution’s case. This clarification from the Supreme Court adds a new dimension to the understanding of procedural requirements under the NDPS Act.

The counsel for the appellant, Mrs. Kiran Bhardwaj, alongside Mr. V. K. Verma and Mr. Rajat Srivastav, contended that the appellant was not in conscious possession of the contraband and argued procedural lapses in the case. However, the court dismissed these arguments, finding no merit in the appeal.

The State’s case was represented by Ms. Nupur Kumar and Ms. Muskan Nagpal, who successfully argued that the concurrent findings of the lower courts regarding the appellant’s conviction were justified.

This ruling is significant as it clarifies the evidentiary requirements in cases under the NDPS Act and reinforces the court’s approach towards handling narcotic offences. The decision also serves as a precedent for future cases involving similar charges and circumstances.

As the court concluded the hearing, all pending applications related to the case were disposed of, bringing a close to a long-contested legal battle.

Date of Decision: 2 November, 2023

JAGWINDER SINGH VS STATE OF PUNJAB