GUWAHATI: The Gauhati High Court has overturned a trial court’s judgment convicting and sentencing a person under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing “irreconcilable contradictions in the prosecution’s evidence” and lapses in following mandatory procedures.
The single-judge bench delivered the ruling while hearing an appeal under Section 374(2) of CrPC, which challenged the trial court’s July 27, 2023 judgment by the Sessions Judge-cum-Special Judge, Morigaon. The appellant had been sentenced to 10 years of rigorous imprisonment and fined Rs 1,00,000.
The case began with an FIR lodged at Moirabari police station on September 28, 2021, alleging that the appellant had stored large quantities of suspected narcotic drugs at his residence. During a search, police recovered 13 bottles of Eskuf Codeine Phosphate syrup from the appellant’s possession. A case was subsequently registered under Sections 21(c) and 25 of the NDPS Act, 1985, leading to the appellant’s conviction.
However, the High Court found inconsistencies in the seizure witnesses’ testimonies, which cast doubt on the seizure of contraband. “These inconsistencies adversely affect the probative value of the evidence tendered by such witnesses and create reasonable doubt regarding the seizure,” the court noted.
The court also pointed out procedural lapses, particularly the failure to prepare a list of representative samples drawn during the seizure. “As no such list was prepared, certification regarding its correctness by the magistrate does not arise, which is a violation of the mandatory procedural requirement under Section 52A of the NDPS Act,” the court observed.
The High Court cited previous Supreme Court rulings that emphasized the mandatory nature of compliance with Section 52A of the NDPS Act, noting that non-compliance raises serious doubts about the prosecution’s case. “In this case, the prosecution has failed to prove the appellant’s guilt beyond reasonable doubt,” the court concluded.
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