2004 (1) TMI 679 - SC - Indian Laws

Whether the requirements of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have been met? Whether in view of the infirmities noticed by the Trial Court and the High Court, they were justified in directing acquittal of Nathu Singh and Mangi Lal?

Issues Involved:
1. Compliance with Sections 42, 50, and 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Credibility of prosecution witnesses and evidence.
3. Sentencing and quantum of punishment.
4. Acquittal of co-accused Mangi Lal and Nathu Singh.

Issue-wise Detailed Analysis:

1. Compliance with Sections 42, 50, and 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985:

The court examined whether there was compliance with the mandatory provisions of Sections 42, 50, and 57 of the Act. Section 42 pertains to the power of entry, search, seizure, and arrest without a warrant or authorization. The court noted that the information received by Dy. S.P. (PW-16) was recorded and forwarded to higher officials, fulfilling the requirements of Section 42(2). The court cited the Constitution Bench decision in *State of Punjab v. Baldev Singh* to affirm that the requirements of Sections 42 and 50 were met, as the accused were informed of their right to be searched before a Magistrate or a Gazetted Officer, and they opted to be searched by Dy. S.P. Prassan Kumar Khamesara (PW-16). The forensic laboratory report confirmed that the samples were received sealed and intact, indicating no violation of Section 57.

2. Credibility of Prosecution Witnesses and Evidence:

The defense argued that no independent witnesses supported the prosecution's version and that there were contradictions in the evidence, particularly regarding the arrest date and the dispatch of samples. The court, however, found the testimonies of the police officers and the forensic evidence credible. The court emphasized that the presence of high-ranking officials during the search and seizure operations added to the credibility of the prosecution's case. The court dismissed the defense's claim of suspicious circumstances and affirmed the trial and high courts' findings on the reliability of the evidence presented.

3. Sentencing and Quantum of Punishment:

The appellant Smt. Krishna Kanwar contended that the quantity of heroin recovered from her was small and that the sentence of 14 years and a fine of Rs. 2 lakhs was excessive. The court rejected this argument, stating that the quantity recovered was significant and the sentence was appropriate given the gravity of the offense. The court upheld the trial and high courts' decision on the sentence, finding no grounds for reduction.

4. Acquittal of Co-accused Mangi Lal and Nathu Singh:

The State of Rajasthan appealed against the acquittal of Mangi Lal and Nathu Singh. The court noted that the trial and high courts found a lack of material evidence to connect these co-accused with the crime. The court observed that the requirements of Sections 42(1) and 42(2) were not complied with during the search of their houses, and there was no compliance with Section 50 despite personal searches being involved. The court also noted that the evidence based on the co-accused's disclosure was inadequate. Consequently, the court upheld the acquittal of Mangi Lal and Nathu Singh, dismissing the State's appeal.

Conclusion:

The Supreme Court dismissed both Criminal Appeal Nos. 52 and 53 of 2003. The conviction and sentence of Smt. Krishna Kanwar were upheld, while the acquittal of Mangi Lal and Nathu Singh was affirmed due to procedural lapses and lack of sufficient evidence.

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