Evidence for conviction under NDPS Act has to be of high standard: HC
Srinagar: The offences punishable under the NDPS Act attract stringent punishments on convictions and therefore evidence and proof is also required to be of a higher standard, Jammu and Kashmir High Court has said.
A division bench of Chief Justice Gita Mittal and Justice Sindhu Sharma made the observation while dismissing an appeal filed by J&K government against 2012 judgment by Principal District & Sessions Judge, Ramban in a case— State of J&K Vs Waqar Ahmad and another.
“On a scrutiny of the evidence led by the prosecution, in the present case, when examined against the binding legal provisions and the judicial precedents on the subject, we have no manner of doubt that the prosecution has failed to establish the case against the respondents (accused) beyond reasonable doubt,” the court said dismissed the appeal being “without any legal merit.”
The trial court’s verdict arose out of the FIR No. 23/2010 registered by the Police Station Ramban for commission of offences under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The prosecution case was that on 24 February 2010 police intercepted Maruti Car (JK02B-6850) which was coming from Srinagar at Hotel Shan Palace on Jammu-Srinagar Highway. Two persons were alleged to have been found in the vehicle who disclosed their names as Waqar Ahmad, a policeman, and Showkat Ahmad of Qazigund.
The police had claimed that two white coloured polythene bags were recovered from each of the front seats containing cannabis like material wrapped in maize crop. A docket was sent by one PSI Charanjit Singh to the Police Station Ramban following which the case was registered under Sections 8/20 of the NDPS Act, it said.
However, the trial judge after considering the evidence led by the prosecution at great length and after its “careful scrutiny” held that the prosecution has miserably failed to bring home the charges against the accused.
The Trial Judge held that mandatory provisions of the NDPS Act were observed in breach by the investigating officer during investigation and had concluded that the prosecution has miserably failed to bring home the charges against the accused and consequently acquitted them of the charges for which they have stood trial.
“It cannot be disputed that seizure of contraband is an event on which the entire case of the prosecution hinges in a case under the NDPS Act,” the high court said, adding, “The prosecution has propounded PSI Charanjit Singh as the person who had recovered and seized the contraband. However, appearing as witness, PSI Charanjit Singh testified that it was the SHO who had recovered and seized the contraband.”
Another witness, Subash Chander, stated that it was the SHO who came on the spot and weighed the contraband which was found to be 3 kg 400 grams, the court observed.
The third prosecution witness Charan Dass had stated that it was Charanjit Singh who effected the seizure and prepared the seizure memo in the presence of the SHO.
“As if the above contradictions were not enough, the above evidence is completely contradicted by the Inspector Ravinder Singh, the investigating officer who was examined as PW-8 who claimed that it was he who had seized the articles and prepared the samples. At the same time, he stated that he neither signed the samples nor sealed them,” the court said, adding, “We find that the Trial Judge has also found contradiction as to the search of the vehicle and the recovery of the contraband.”
The prosecution, the court said, has led no evidence at all about the safe custody of the contraband in the Malkhana after its seizure and before resealing by the Magistrate and then, till sending the same to the Forensic Science Laboratory.
“In the light of the above evidence which is replete with contradictions in material particulars, the conclusion of the Trial Judge that the attesting witnesses have denied knowledge and that the seizure itself had become doubtful, has to be accepted,” the court said and dismissed the appeal. (GNS)
