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2017 Supreme(Del) 2869
IN THE HIGH COURT OF DELHI AT NEW DELHI
S.P. GARG, J.
YASHPAL – APPELLANT
Versus
STATE – RESPONDENT
CRL.A. 1120, 1298 of 2014 & Crl.M.B.10321, 10539 of 2014
Decided On : 16-08-2017
For the Appellant : Mr. S.S. Das
For the Respondents: Mr. Amit Gupta
The central legal point established in the judgment is the requirement to prove guilt beyond reasonable doubt. The judgment emphasizes the need for credible evidence and the insufficiency of call detail records as standalone evidence.
Headnote:
NDPS Act - Conviction under Section 20 read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 - [20, 29] - The court analyzed the prosecution's case, the evidence presented, and the conduct of the investigation. It highlighted the lack of credible evidence, the failure to establish the source of the contraband, and the suspicious nature of the investigation. The court found that the prosecution failed to prove the case beyond reasonable doubt and acquitted the appellants.
Fact of the Case:
The prosecution alleged that the appellants conspired to plant contraband in a car to implicate the owner under the NDPS Act. Despite the recovery of contraband from the owner's possession, no action was taken against him. The prosecution's case relied on call detail records and witness testimonies.
Finding of the Court:
The court found that the prosecution failed to establish the appellants' guilt beyond reasonable doubt. It highlighted the lack of credible evidence, failure to prove the source of the contraband, and suspicious conduct of the investigation. As a result, the court acquitted the appellants.
Issues: The key issues revolved around the credibility of the evidence, the conduct of the investigation, and the failure to establish the source of the contraband. The court also questioned the motive to implicate the owner under the NDPS Act and the lack of strong evidence supporting the prosecution's case.
Ratio Decidendi: The court's decision was influenced by the lack of credible evidence, failure to establish the source of the contraband, and the suspicious nature of the investigation. It emphasized the need to prove guilt beyond reasonable doubt and the insufficiency of call detail records as standalone evidence.
Final Decision: The court acquitted the appellants, setting aside their conviction and sentence, and ordered their release if not required in any other case.
S.P. GARG, J.
1. Challenge in this appeal is a judgment dated 15.07.2014 of learned Special Judge, NDPS in Sessions Case No.59/08 arising out of FIR No.14/06 at Police Station Kotwali by which the appellants Yashpal (A-1) and Subhash (A-2) were held guilty for committing offences punishable under Section 20 read with Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’). By an order dated 22.07.2014, they were sentenced to undergo Rigorous Imprisonment for ten years with fine Rs. 1,00,000/- each under Sections 20/29 NDPS Act . Both the sentences were to operate concurrently.
2. Briefly stated, the prosecution case as reflected in the charge-sheet was that on 07.01.06 Satbir Singh (since acquitted) was found in possession of 1.7 kg of charas near car parking Upper Subhash Marg outside Old Lajpat Rai Market, Delhi. Allegations against the appellants were that they conspired to plant the contraband in Satbir’s car to implicate him under the provisions of NDPS Act.
3. On 07.01.06 Inspector Khushal Singh, Incharge, Police Post Red Fort received an information at 4.45 p.m. from Police Post Kotwali that a Maruti car bearing registration No.HR-10F-0846 was coming to Lajpat Rai Market and there was contraband in the said car. Constable Nawal Kishore recorded this information vide Daily Dairy (DD) No.30 (Ex.PW-1/A). Investigation was assigned to HC Satbir Singh who along with Const. Jai Prakash left the police post for Lajpat Rai Market. They met PW-12 Khushal Singh at around 5.00 p.m. near Pagal Baba Temple, Old Lajpat Rai Market. The car was searched at about 5.20 p.m. parked near Main Subhash Road, Opposite Old Lajpat Rai Market. Satbir Singh, owner of the said car, was standing near it. On interrogation, he disclosed that an ‘individual’ had hired the vehicle for Rs. 650/- from Sonipat. It was further informed that the said ‘passenger’ along with his wife and daughter had left the car to make some purchases. After about 10-15 minutes, the said ‘individual’ came; kept a box in the car; and, left on the pretext to come back after purchase of a TV. Thereafter, he took the car to the side of GPO to avoid traffic challan. At around 4.30 p.m., he received a phone call on his mobile from the said ‘individual’ to bring the vehicle to old Lajpat Rai Market and he was waiting for him.
4. Further case of the prosecution is that Inspector Khushal Singh (PW-12) recovered the box lying on the rear seat of the vehicle, it contained charas. Information was conveyed to the concerned Police Station and DD No.25-A (Ex.PW-22/A) came into existence. Notice under Section 50 NDPS Act (Ex.PW12/A) was served upon Satbir Singh. However, nothing more could be recovered in the car. Necessary proceedings were conducted and sample of 50 gms each were taken from the three parcels. Rukka (Ex.PW-12/E) was prepared to lodge the FIR. Subsequent investigation was taken over by SI Jai Bhagwan (PW-40) who arrived at the spot at 9.30 p.m. He examined Satbir and got the mobile number of the ‘passenger’ which was 9813417563 and that of Satbir mobile i.e. 9812143067. SI Jai Bhagwan discussed the matter with seniors and was directed to carry out the investigation qua the owner/subscriber of phone No. 9813417563. He submitted report (Ex.PW2/B) under Section 57 NDPS Act.
5. During further investigation Call Details Record of the phones were collected. It transpired that the appellants had hatched a conspiracy to implicate Satbir in the case. A-1 was working as Lab Technician at Satya Om Eye and Maternity Home, Sonipat, where insurance papers pertaining to Anju Devi and Roshni Devi along with their voter I-cards were sent. It is alleged that by using both the voter I-cards i.e. front and back portion of each, SIM 9813417563 was obtained which was used by A-1 in his Nokia Mobile 3315 and 2100 recovered by him. During further investigation, both the appellants were arrested and certain recoveries were effected from their possession. Stateme
