2016 (4) TMI 1023 - SC - Customs

Validity of High court order - Appellant contended that consideration of High Court that circumstances in which the recovery of articles is stated to be made from the respondent herein is doubtful could not be dislodged, therefore, High Court has discarded the version of the prosecution by observing that the same appears to be totally unnatural - Held that - In view of the findings which appear to be without any blemish and those findings are recorded after deep and thorough analysis of the evidence on record, it is found that the respondent herein was rightly and justifiably acquitted of the charges by the High Court. - Decided against the appellant

Summary

Issues:
- Compliance with mandatory provisions of Section 50 of the NDPS Act
- Doubtful circumstances of recovery of articles
- Incomplete chain of circumstances affecting the admissibility of FSL report

Compliance with Section 50 of the NDPS Act:
The respondent was charged under Sections 8/18 and 8/21 of the NDPS Act. The Trial Court convicted the respondent, but the High Court set aside the conviction citing non-compliance with Section 50 of the NDPS Act. The High Court found that the mandatory provisions of Section 50 were not adhered to, influencing the innocence of the respondent. The appellant raised concerns about the admissibility of the FSL report and Section 50 compliance. However, the High Court's doubt regarding the circumstances of article recovery was a crucial factor. The High Court's detailed analysis highlighted discrepancies in the prosecution's version, leading to the respondent's acquittal.

Doubtful Circumstances of Recovery:
The High Court observed that the circumstances surrounding the recovery of opium, brown sugar, and a rifle from the accused were dubious. The prosecution's narrative was deemed unnatural and unreliable. Discrepancies in the evidence, such as conflicting accounts of the arrest and recovery, raised doubts about the prosecution's case. The High Court noted contradictions in witness testimonies regarding the accused's actions during the alleged recovery. The court found it implausible that the accused would carry a bag containing illicit substances and a rifle while evading arrest, casting significant doubt on the prosecution's version of events.

Incomplete Chain of Circumstances and FSL Report:
The High Court's decision to acquit the respondent was based on a thorough analysis of the evidence. The court concluded that the chain of circumstances presented by the prosecution was incomplete, rendering the FSL report inadmissible. The High Court's scrutiny revealed inconsistencies and fabrications in the story of the recovery of the rifle, further undermining the prosecution's case. The judgment emphasized the importance of a coherent and reliable chain of events to establish guilt beyond a reasonable doubt. Ultimately, the Supreme Court upheld the High Court's decision, affirming the respondent's acquittal based on the compelling findings and meticulous evaluation of the evidence.