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K.G.BALAKRISHNAN, R.P.SETHI
Khet Singh – Appellant
Versus
Union Of India – Respondent
The Supreme Court held that even if there is a procedural illegality in conducting the search and seizure, the evidence collected, including samples, will not become inadmissible solely on that ground. The Court emphasized that the admissibility of such evidence depends on whether any serious prejudice was caused to the accused and whether there was any tampering or interference with the contraband during the process. The Court also noted that the procedure for drawing samples should ideally be conducted on the spot in the presence of witnesses and the accused, but if the samples are taken later, the reasons for the delay should be recorded, and the integrity of the samples must be maintained. Overall, the Court recognized that procedural lapses do not automatically render evidence inadmissible, provided that the integrity of the evidence is preserved and no prejudice is caused to the accused.
JUDGMENT
K.G. Balakrishnan, J.-This appeal is directed against the judgment of the High Court of Rajasthan challenging the conviction and sentence of the appellant under Sections 17, 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act"). Appellant had been sentenced to undergo 10 years rigorous imprisonment and a fine of Rs. 1 lakh and in default of payment of fine further to undergo two years and six months rigorous imprisonment.
2. Appellant Khet Singh was tried along with one Kanhaiya Lal for the aforesaid offences and Kanhaiya Lal was acquitted by the Sessions Court. The case of the prosecution is that on 6.5.1989, PW6 Shri Narain Das Lakhara, Inspector, Customs Department, Jaisalmer, along with the Superintendent of Customs and two other constables was proceeding on patrolling and checking duty towards Ramgarh. Near Brahamsar crossing, they started checking several motor vehicles as it was suspected that there might be drug trafficking. In truck No. RJC 1472, the appellant was found sitting with a cloth basket in his hand. During the search, a polythene bag was found in the basket which contained some black substance susp
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