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ABHAY S. OKA, PANKAJ MITHAL
Nababuddin @ Mallu @ Abhimanyu – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTUAL ASPECTS
1. The appellant who is accused no. 3, along with two co-accused, was convicted by the learned Special Judge under the Narcotic Drug and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) for the offence punishable under Section 15 of NPDS Act. Learned Special Judge held that the prosecution had brought home the charge against the accused that they were found in conscious possession of poppy straw having the quantity of 205 kilograms without any licence or permit. The accused, including the appellant, were ordered to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- each. The default sentence was of imprisonment for two years. The conviction of the appellant and two others has been confirmed by the High Court by the impugned judgment.
2. On 22nd May 2001, Assistant Sub Inspector Dhian Singh (PW-10), along with other police officials, was on patrolling duty in Ambala Cantonment. They received secret information in the afternoon that three parcels on platform no. 4 and two on platform no. 6 of Ambala Cantonment station contained contraband. The destination of the parcels was Kurail Railway Station. Therefor
Conscious possession of poppy straw – Incriminating circumstances not put to accused in his examination under Section 313 of Cr.P.C, will have to be kept out of consideration.
The conviction of the appellant was overturned due to insufficient evidence of possession and procedural violations under the Narcotic Drugs and Psychotropic Substances Act.
The prosecution must prove the seized contraband and its connection to the accused beyond a reasonable doubt to secure a conviction under the NDPS Act.
(1) Confessional statement made under Section 67 of N.D.P.S. Act before an Intelligence Officer of the D.R.I. would not be admissible in law for recording conviction against accused persons.(2) Exami....
Conscious possession of narcotics is required for conviction under the NDPS Act; failure to comply with procedural safeguards can lead to acquittal.
Seizure of Heroin – Process of drawing of samples has to be in presence and under supervision of Magistrate and entire exercise has to be certified by him to be correct.
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