Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 1011 - HC - Indian LawsSmuggling - Charas - Grant of leave to appeal - charge under Sections 20 of NDPS Act, 1985 - HELD THAT:- The prosecution had miserably failed to prove the strict compliance of mandatory provisions of Section 42 of the NDPS Act. It was incumbent upon the Investigating Officer to reduce the secret information into writing and to send the same to his higher officers, but in the present case the said provision had not been complied with and the Investigating Officer, while stepping into the witness box as PW-3, had admitted that neither the secret information was reduced into writing nor the same was sent to the higher authorities or the concerned Police Station. In the present case, the mandatory provisions of Section 50 of the NDPS Act had also not been complied. Once the strict compliance was not made and defective offer was given to the respondent, the factum of the search of the respondent being carried out on the basis of search consent becomes inconsequential. In the present case, the link evidence was missing and there was failure of the prosecution to prove safe custody, transportation of case property and sanctity of the seals on the case property. The Investigating Officer had secret information that respondent was carrying 'Charas' and can be caught red handed but this secret information was not reduced into writing which is mandatory. From the facts of the present case, it is clear that provisions of Section 42 and Section 50 of the NDPS Act had not been complied with. Basic principle of criminal jurisprudence is that prosecution has to prove its case beyond reasonable doubt which has not been done in the present case. Learned State counsel has failed to point out any material illegality or perversity in the impugned judgment of acquittal - the application seeking leave to appeal is dismissed.
|