Irregularities and Non-Compliance with Mandatory Provisions: Allahabad High Court Quashes Conviction in NDPS Case

In a significant judgment, the Allahabad High Court has set aside the conviction of Lavkesh Singh and Pawan Kumar, appellants in a high-profile narcotics case. Justice Karunesh Singh Pawar, in his detailed judgment dated January 23, 2024, highlighted various lapses in the adherence to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, leading to the quashing of the lower court's decision.

The appellants were previously convicted by the Additional District & Sessions Judge, Court No.8, Lucknow, in Criminal Case No. 128 of 2010 under various sections of the NDPS Act for the offense of transporting narcotics.

Justice Pawar, in his observation, pointed out the non-compliance with Section 42 of the NDPS Act, which mandates the procedure for search and seizure. "There appears to be an absolute violation of section 42(2) of the 1985 Act," the judgment read, emphasizing the failure to obtain a search warrant and to send the recorded information to a superior officer within the stipulated 72-hour period.

The handling and custody of the seized narcotics also came under scrutiny. The judgment noted, "Violation of Section 55 of NDPS Act observed. Inadequate evidence regarding the safe custody and handling of the narcotics from the time of seizure to deposition in the malkhana (evidence storage)."

Further, the judgment underscored the absence of independent witnesses and insufficient link evidence in the case. "Two independent witnesses not produced in court, raising questions about the authenticity of the raid and seizure operations," the court observed.

One of the critical aspects of the judgment was the court's stance on the question of conscious possession. The judgment stated, "The issue of conscious possession, crucial in NDPS cases, was not sufficiently addressed during the trial, impacting the assessment of the appellants’ culpability."

Based on these observations, the High Court allowed the appeal and set aside the conviction and sentencing imposed by the lower court. This judgment has once again brought to the fore the need for strict adherence to procedural norms and legal mandates in criminal cases, especially those dealing with narcotics.

Date of Decision: 23.1.2024

Lavkesh Singh And Pawan Kumar   VS Union Of India Thru.