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Criminal · Reportable judgment

Harbhajan Singh vs State of Haryana

Court
Supreme Court of India
Date
25 April 2023
Case No.
Criminal Appeal No. 1480 of 2011
Result
Allowed
Bench
Abhay S. Oka, Rajesh Bindal
Citation
[2023] 3 S.C.R. 545 : 2023 INSC 424
Supreme Court Reports [2023] 3 S.C.R. 545 : 2023 INSC 424
Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985: ss. 25, 35 – Applicability of s. 25 – When – Presumption of culpable mental state u/s. 35 – When, available –On facts, truck found lying turtle and bags of powder scattered which on investigation found to be narcotic substance – Two witnesses saw the driver and the cleaner coming out of the truck and disclosed the name of the ownerappellant, and fled away – Conviction of the appellant u/s. 25 and imposition of imprisonment for 10 years by the courts below – On appeal, held: s. 25 provides that if an owner of a vehicle knowingly permits it to be used for commission of any offence punishable under the NDPS Act, he shall be punished accordingly – On facts, the witnesses turned hostile – They did not even identify the driver and the cleaner of the truck – Appellant was not with the vehicle nor he was arrested from the spot when the accident occurred or when the truck and contraband were taken into custody – His conviction was merely being the registered owner of the truck –Prosecution failed to produce any material on record to show that the vehicle, if was used for any illegal activity, was used with the knowledge and consent of the appellant – Even presumption as provided for u/s.

35 would not be available since the prosecution failed to discharge initial burden on it to prove the foundational facts – In the absence thereof, the onus would not shift on the accused– Courts below erred in shifting the onus on the appellant to prove his innocence without the foundational facts having been proved by the prosecution – Thus, the conviction of the appellant cannot be legally sustained – Judgments passed by the courts below set aside.

Bhola Singh v. State of Punjab (2011) 11 SCC 653 : [2011] 2 SCR 642 – relied on.

Balwinder Singh v. Asstt. Commr., Customs and Central Excise (2005) 4 SCC 146; State by Inspector of Police, Narcotic Intelligence Bureau, Madurai, Tamil Nadu v. Rajangam (2010) 15 SCC 369; Gangadhar alias

Gangaram v. State of Madhya Pradesh (2020) 9 SCC

202 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by RAJESH BINDAL, J. 1. The Appellant-Harbhajan Singh was convicted vide judgment dated 18.05.2005 passed by the Trial Court under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”) and sentenced to undergo imprisonment for a period of 10 years. In appeal, the conviction and sentence of the Appellant was upheld by the High Court vide order dated 14.05.2010. The orders are under challenge before this Court. 2. Briefly, the facts of the case are that the Appellant was owner of the truck bea
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