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2024 Supreme(UK) 365
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RITU BAHRI, C.J., RAKESH THAPLIYAL, J.
State of Uttarakhand – Appellant
Versus
Chandra Ram – Respondent
Special Leave to Appeal No. 122 of 2024, Government Appeal No. 69 of 2024
Decided On : 29-04-2024
Advocate Appeared:
For the Appellants : J.S. Virk, Rakesh Kumar Joshi
IMPORTANT POINT
Compliance with procedural safeguards under the NDPS Act is essential; failure to adhere can result in acquittal due to reasonable doubt.
Headnote:
Narcotics - Acquittal - NDPS Act - Sections 8, 20, 50, 57 - The court emphasized the importance of compliance with procedural safeguards under the NDPS Act, particularly Sections 50 and 57, leading to the acquittal due to prosecution's failure to adhere to these provisions.
Fact of the Case:
The accused was charged under the NDPS Act after hashish was allegedly found in his vehicle during a police patrol. The police did not comply with mandatory reporting requirements after the arrest.
Finding of the Court:
The court found contradictions in the prosecution's evidence and noted non-compliance with Section 57 of the NDPS Act, which undermined the prosecution's case and led to reasonable doubt.
Issues: Whether the prosecution complied with the mandatory provisions of the NDPS Act, specifically Sections 50 and 57, and whether the evidence presented was sufficient to uphold the conviction.
Ratio Decidendi: The court held that non-compliance with procedural requirements of the NDPS Act, particularly regarding timely reporting of arrests and seizures, is critical and can lead to acquittal if it creates reasonable doubt.
Result: The appeal was dismissed, and the acquittal of the accused was upheld.
JUDGMENT :
RITU BAHRI, C.J.
1. The State has come up in appeal against the judgment passed by the Court of Special Sessions Judge (NDPS), Pithoragarh in Special Session Trial No. 01/2022 dated 05.10.2023, whereby the respondent-Chandra Ram, who was facing the trial for the offence punishable under Section 8/20 of the Narcotics Drugs and Psychotropic Substances Act, 1985, has been acquitted.
2. The case of the prosecution is that an FIR was registered against Chandra Ram, after recovery, on 17.10.2021. On this day, S.O.-Dinesh Ballabh, along with driver Manoj Kumar had left the Police Station Haja for Chowki Madkot area, and was busy in prevention of crime. During patrolling, he called Constable 353 Sanjay Singh Chauhan from the concerned police station and Constable 06 Rajendra Singh from chowki Madkot. Both the employees met him at Mandakini Bridge, Madkot. He, along with both these police personnel, were patrolling in the government vehicle and checking the vehicles for the suspicious person. While they were going from Madkot towards Seraghat, then about 3-4 km ahead, on Seraghat Road, near a poultry farm, a pickup vehicle was seen coming from Seraghat side. With the intention of checking, he got down from the vehicle and signalled the vehicle to stop with the help of the companion employees. Then the driver immediately stopped the vehicle, and got down from the vehicle and tried to run away, who was caught on the spot with the help of his companion policemen, and when the vehicle was checked, number - UK05 TA 2953 was written on the vehicle. Inside the vehicle, a wick-like black substance was found in a bag on the dashboard, which, when smelled, had a strong smell of hashish. When the companion policemen smelled it, they said that it was a strong smell of hashish, and in front of the vehicle, between the two seats, a weighing scale was kept in a plastic transparent box and one weight of 100 grams, one weight of 50 grams and one weight of 10 grams were recovered. When asked, the accused said that the drug found in his bag was hashish. When the arrested person was asked about his name and address, he told his name as Chandra Ram, son of Nain Ram, resident of village Tomik, Police Station Munsiyari, District Pithoragarh, currently residing at Devibagad Madkot Police Station Munsyari, District Pithoragarh, aged 42 years. Thereafter, the accused was made aware of the provisions of Section 50 of the NDPS Act, and was told that he can get his search done before a Gazetted Officer or Magistrate. On this, the accused told that the hashish recovered from his vehicle belonged to him, and apart from this he does not have any more hashish. was found in a bag on the dashboard, which, when smelled, had a strong smell of hashish. When the companion policemen smelled it, they said that it was a strong smell of hashish, and in front of the vehicle, between the two seats, a weighing scale was kept in a plastic transparent box and one weight of 100 grams, one weight of 50 grams and one weight of 10 grams were recovered. When asked, the accused said that the drug found in his bag was hashish. When the arrested person was asked about his name and address, he told his name as Chandra Ram, son of Nain Ram, resident of village Tomik, Police Station Munsiyari, District Pithoragarh, currently residing at Devibagad Madkot Police Station Munsyari, District Pithoragarh, aged 42 years. Thereafter, the accused was made aware of the provisions of Section 50 of the NDPS Act, and was told that he can get his search done before a Gazetted Officer or Magistrate. On this, the accused told that the hashish recovered from his vehicle belonged to him, and apart from this he does not have any more hashish.
3. The 100 grams sample material taken from the drug recovered, was sent to the Forensic Science Laboratory, Rudrapur, Udham Singh Nagar, as per the orders of the Court. On 22.07.2022, charges were framed against the accused under Section 8/20 of the NDPS Act.
4. The
