NDPS |unnatural and improbable nature of the prosecution's story - Subsequent FIR Contrary to Settled Law, Acquittal Inevitable: Punjab and Haryana HC

The High Court of Punjab and Haryana, in a landmark judgment, acquitted Saurav Partap @ Sourav @ Sunny and another in a drug trafficking case under the NDPS Act. Justice Jasjit Singh Bedi, in his ruling, emphasized the illegality of registering a subsequent FIR based on the same transaction, terming it "contrary to settled law," leading to the acquittal of the appellants.

The judgment focused on the legal impropriety of registering multiple FIRs for a series of acts connected to the same transaction. The defense's argument was anchored in the precedent that subsequent FIRs, arising from disclosure statements in an ongoing investigation, are legally untenable.

The case traced back to the arrest of one Sandeep Kumar @ Bhamari, who was found in possession of smack. Following his arrest, Kumar implicated the appellants, leading to their arrest and the recovery of more narcotics. This sequence of events spurred the registration of a second FIR, which became the central issue in the appeal.

Justice Bedi critically assessed the evidence and the sequence of events, underscoring the unnatural and improbable nature of the prosecution's story. He pointed out the legal misstep in registering the second FIR, drawing from precedents like Mr. David Johnson vs State of Goa and Naresh Kakkar vs The State of. The absence of independent witnesses and the sidelining of local police in the recovery process further weakened the prosecution's case.

The Court overturned the conviction and sentence dated 14.09.2015 by the Special Court, Amritsar, acquitting the appellants. This decision hinged on the principle against multiple FIRs for the same transaction and the dubious circumstances of the prosecution's narrative.

Date of Decision: 15.02.2024

Saurav Partap @ Sourav @ Sunny & Another vs State of Punjab