Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Supreme Court Acquits Accused in NDPS Act Case Due to Lack of Evidence and Procedural Irregularities

07 May 2024 8:19 AM

By: Admin


 

In a significant judgment, the Supreme Court of India acquitted two accused persons in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) due to lack of evidence and procedural irregularities. The judgment was delivered by a bench comprising Justices Abhay S. Oka and Rajesh Bindal.

The case involved Criminal Appeal No. 451 of 2011 and Criminal Appeal No. 1185 of 2011. Accused no. 1 had filed Criminal Appeal No. 1185 of 2011, while accused no. 3 had filed Criminal Appeal No. 451 of 2011.

According to the prosecution's case, PW-2 Nalini Ranjan, an Intelligence Officer of the Narcotics Control Bureau (NCB), received information that accused no. 1 was involved in drug trafficking and had come to Chennai to receive 5 kilograms of heroin from accused nos. 2 and 3. The plan was allegedly to deliver the contraband to accused no. 4, who would then transfer it to Tuticorin and eventually to Sri Lanka. Based on this information, a raid was conducted at Hotel Suriya in Periamet, Chennai, where accused no. 4 was staying. Accused nos. 1, 2, and 3 were also present in the room. A bag containing 5.067 kilograms of heroin was found and seized by the NCB officers.

Both accused nos. 1 and 3 were convicted by the trial court for offences under the NDPS Act. The High Court of Judicature at Madras confirmed their conviction but reduced the sentence. Aggrieved by the verdict, the accused persons approached the Supreme Court.

In the appeal, the learned senior counsel appearing for accused no. 3 argued that the confessional statements made by the accused should be considered inadmissible as they were recorded by a police officer, attracting the bar under Section 25 of the Indian Evidence Act. The counsel also pointed out that the seizure and sampling of the contraband were not done in accordance with the provisions of the NDPS Act.

he Supreme Court, after considering the arguments and examining the facts of the case, rendered its judgment. The Court held that the confessional statements made by the accused to an officer empowered under Section 53 of the NDPS Act were inadmissible under the bar of Section 25 of the Evidence Act. The Court also observed that the statements of the independent witnesses were not admissible as the prosecution failed to prove their unavailability.

Regarding the seizure and sampling of the contraband, the Court noted that the actions of the NCB officer, PW-2, were not in conformity with the provisions of the NDPS Act. Drawing samples at the time of seizure without the presence and certification of a Magistrate was found to be a procedural irregularity. This raised doubts about the authenticity of the seized substance.

Furthermore, the Court found that the contraband was found in the room occupied by accused no. 4 and not in the custody of accused no. 1. The prosecution failed to establish the involvement of accused nos. 1 to 3 in bringing the contraband to accused no. 4's room. The Court observed that the prosecution's case was not free from suspicion.

Based on these findings, the Supreme Court set aside the convictions and acquitted accused nos. 1 and 3. The judgments of the lower courts were overturned, and the appellants were acquitted of the charges against them.

Bothilal  Vs The Intelligence Officer Narcotics Control Bureau 

 

 

 

 

 

 

 

Latest Legal News