PUNJAB AND HARYANA HIGH COURT ACQUITS APPELLANT IN NDPS CASE: PROSECUTION FAILED TO CO-RELATE THE REPORT OF THE FSL TO THE CASE PROPERTY

In a significant ruling, the Punjab and Haryana High Court acquitted Gurjinder Singh @ Ginda in a Narcotic Drugs and Psychotropic Substances (NDPS) case, highlighting the lack of a properly established chain of evidence. The court, in its judgment delivered by Justice Sureshwar Thakur, set aside the verdict of the trial court, which had convicted and sentenced the appellant to imprisonment and a fine.

Citing misappreciation of evidence, the appellant’s counsel, Mr. Saurav Bhatia, argued that crucial links in the chain of evidence were not adequately proven. The defense highlighted procedural lapses in the Forensic Science Laboratory (FSL) report, where the examiner failed to re-enclose the examined substances inside sealed cloth parcels or emboss the FSL seals, raising doubts about the integrity of the case property.

Justice Sureshwar Thakur, in the judgment, observed, “The prosecution has not been able to co-relate the report of the FSL to the case property. The loose cloth parcels produced in court do not seem to be related to the examined substances.” The court emphasized the importance of maintaining an unbroken chain of evidence to establish the charges against the accused beyond a reasonable doubt.

High Court allowed the appeal and acquitted Gurjinder Singh @ Ginda of the charges. The court ordered the refund of any fines deposited by the appellant and canceled his personal and surety bonds. The fate of the case property will be determined in accordance with the law.

Date of Decision: 1st June 2023

Gurjinder Singh @ Ginda    VS State of Punjab