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

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