2006 (11) TMI 557 - SC - Indian Laws

Appellant prosecuted for commission of an offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act 1985 on the basis of a First Information Report Held that - Unfortunately the High Court did not meet the reasonings of the learned Sessions Judge. The findings of the learned Trial Judge that P.W.10 had prior information had also not been met by the High Court. The High Court was dealing with a judgment of acquittal. It was therefore bound to show that the findings of the learned Sessions Judge were not legally tenable. It is well known that if two views are possible benefit of doubt should be given to the accused. The High Court in our opinion could not have brushed aside the findings of the learned Sessions Judge without meeting the reasonings assigned by it as it was dealing with a judgment of acquittal. For the reasons aforementioned the impugned judgment cannot be sustained which is set aside accordingly. The appeal is allowed.

Summary

Issues Involved:
1. Compliance with Sections 50 and 42 of the NDPS Act.
2. Credibility of seizure witnesses.
3. Prior information and mandatory procedural safeguards.
4. High Court's reversal of the acquittal judgment.
5. Legal implications of non-compliance with procedural safeguards.

Issue-Wise Detailed Analysis:

1. Compliance with Sections 50 and 42 of the NDPS Act
The judgment emphasizes that procedural safeguards under Sections 50 and 42 of the NDPS Act are crucial. Section 50 mandates that any person being searched must be informed of their right to be searched before a Gazetted Officer or Magistrate. The search of the appellants' persons did not comply with this requirement, which is essential for upholding the legality of the search and seizure process.

2. Credibility of Seizure Witnesses
The witnesses of the seizure, identified as P.W.1 (a sweeper) and P.W.2 (a cycle mechanic), did not support the prosecution's case and were declared hostile. Their testimonies raised doubts about the authenticity of the seizure process. The learned Sessions Judge noted that these witnesses did not corroborate the prosecution's version, which significantly impacted the case's credibility.

3. Prior Information and Mandatory Procedural Safeguards
The learned Sessions Judge found that P.W.10 (the informant) might have had prior information about the contraband, which he did not record as required under Section 42 of the NDPS Act. This non-compliance with mandatory procedural safeguards was a critical factor in the judgment of acquittal. The High Court, however, did not address these findings adequately and assumed the prosecution's case to be true without scrutinizing the procedural lapses.

4. High Court's Reversal of the Acquittal Judgment
The High Court reversed the acquittal by holding that Section 57 of the NDPS Act was not mandatory and that there was substantial compliance with the Act's provisions. The High Court also opined that the behavior of the appellants (speedily crossing the road) indicated their knowledge of the contraband in the scooter. However, the Supreme Court found that the High Court failed to meet the reasonings of the learned Sessions Judge, particularly regarding the procedural lapses and the credibility of the evidence.

5. Legal Implications of Non-Compliance with Procedural Safeguards
The Supreme Court reiterated that non-compliance with procedural safeguards under Sections 50 and 42 of the NDPS Act affects the prosecution's case and can vitiate the trial. The Court cited previous judgments, including State of Punjab vs. Balbir Singh and State of Punjab vs. Baldev Singh, to underline the mandatory nature of these provisions. The judgment also highlighted that if two views are possible, the benefit of doubt should be given to the accused.

Conclusion
The Supreme Court set aside the High Court's judgment, reinstating the acquittal. The appeal was allowed, and the appellants were directed to be released unless wanted in connection with any other case. The judgment underscores the importance of adhering to procedural safeguards in NDPS cases to ensure the credibility and legality of the prosecution's case.