Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

Punjab and Haryana High Court Acquits Appellant in NDPS Case Citing Non-Compliance with Section 50 of the NDPS Act

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Punjab and Haryana High Court, presided over by Hon'ble Mr. Justice Rajesh Bhardwaj, acquitted the appellant, Harjeet Singh, who had been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The Court held that the conviction and sentence were unsustainable due to the non-compliance with the mandatory provisions of Section 50 of the NDPS Act.

The case involved the recovery of 10 grams of heroin from the appellant during a police patrolling duty. The prosecution contended that the appellant was found in possession of the contraband, leading to his arrest and subsequent conviction by the Special Court in Chandigarh. However, the defense vehemently argued that the appellant had been falsely implicated and that the procedural safeguards prescribed under Section 50 were not followed during the search and recovery process.

The defense counsel highlighted that the police failed to comply with the provisions of Section 50, which require the informing of the accused person's right to be searched before a gazetted officer or a magistrate. They further pointed out that no independent witnesses were present during the recovery, raising doubts about the credibility of the prosecution's case.

After carefully examining the arguments and evidence presented, the High Court concurred with the appellant's contentions. The Court cited precedents, including the Supreme Court decision in Vijaysinh Chandubha Jadeja v. State of Gujarat, emphasizing the imperative nature of complying with Section 50 when searching the body of an accused. It was noted that the recovery was made from the appellant's hand, making the provisions of Section 50 applicable in this case.

The Court held that the failure to comply with the mandatory requirements of Section 50 rendered the recovery suspect and raised doubts about the validity of the conviction. The absence of independent witnesses further weakened the prosecution's case. Therefore, the High Court concluded that the prosecution had failed to establish the charges beyond reasonable doubt and that the conviction and sentence awarded by the lower court were unsustainable.

Consequently, the High Court allowed the appeal, setting aside the conviction and sentence, and acquitted the appellant of all charges.

Date of Decision: 11.05.2023

Harjeet Singh   vs State of UT, Chandigarh                                               

 

Latest Legal News