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Criminal · Reportable judgment

Vijay Pandey vs State of Uttar Pradesh

Court
Supreme Court of India
Date
30 July 2019
Case No.
Criminal Appeal No. 1143 of 2019
Result
Allowed
Bench
Ashok Bhushan, Navin Sinha
Citation
[2019] 10 S.C.R. 774 : 2019 INSC 837
Supreme Court Reports [2019] 10 S.C.R. 774 : 2019 INSC 837
Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 – ss. 8, 15 – Prosecution case that appellant was carrying 10 kgs. of opium – Appellant contended that he was falsely implicated – Trial Court convicted appellant u/ss. 8, 15 of NDPS Act – High Court upheld the conviction of the accused – On appeal, held: No independent witness from the locality was included in the investigation and all the witnesses were police officials – There was no explanation for the non-availability of any independent witness in a residential locality – Further, though the Laboratory report of the seized sample was obtained, but the identity of the sample seized from the appellant was not conclusively established – In the circumstances, mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof by itself – The sample seized and that tested have to be co-related – Thus, the conviction by the courts below unsustainable and accordingly set aside.

Allowing the appeal, the Court

HELD : 1. The seizure was made in the early morning at the door step of the appellant. It is difficult to believe that in a rural residential locality, the police were unable to find a single independent witness. No name of any person has been mentioned who may have declined to be a witness. The High Court, despite noticing the absence of any recovery memo prepared at the time of search and seizure under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, opined that the deposition of the police witness to that effect was sufficient compliance. Though the Laboratory Report was obtained, but the identity of the sample stated to have been seized from the appellant was not conclusively established by the prosecution. [Para 5] [776-D-F]

2. The failure of the prosecution in the present case to relate the seized sample with that seized from the appellant makes the case no different from failure to produce the seized sample itself. In the circumstances the mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof by itself. The sample seized and that tested have to be co-related. The conviction by the Trial Court and upheld by the High Court are unsustainable and are accordingly set aside. The appellant is acquitted. [Paras 8, 10] [777-F; 778-E-F]

Read the full headnote (1 more paragraph)

Mohan Lal v. State of Punjab AIR 2018 SC 3853 : 2018 SCR 1006 ; Vijay Jain v. State of Madhya Pradesh (2013) 14 SCC 527 : [2013] 4 SCR 293 ; Ashok alias Dangra Jaiswal v. State of Madhya Pradesh (2011) 5 SCC 123 : [2011] 4 SCR 253 – relied on.

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 NAVIN SINHA, J. 1. The appellant assails his conviction and sentence under Sections 8 and 15 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “the NDPS Act”) for 15 years along with fine of Rs.1,50,000/- under Section 31 of the NDPS Act. 2. The appellant is stated to have been carrying a plastic flour packet in his right hand leading to recovery of 10 kgs. of opium. No independent witness from the locality was included in the investigation and all the witnesses are police officials only. 3. Learned couns
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