2018 (8) TMI 962 - SC - Indian Laws

Smuggling - carrying of contraband item - Opium - Section 18 of NDPS Act, 1985 - acquittal of accused - non-compliance of Section 50 of the NDPS Act - Held that - The trial court held that the oral evidence regarding production of the case property before the Magistrate was not trustworthy and not acceptable. In the absence of the order of the Magistrate showing that the contraband seized from the accused was produced before the Magistrate, the oral evidence adduced that the contraband was produced before the Magistrate cannot form the basis to record the conviction - For proving the offence under the NDPS Act, it is necessary for the prosecution to establish that the quantity of the contraband goods allegedly seized from the possession of the accused and the best evidence would be the court records as to the production of the contraband before the Magistrate and deposit of the same before the Malkhana or the document showing destruction of the contraband. In an appeal against acquittal, the High Court will not interfere unless there are substantial and compelling reasons to reverse the order of acquittal. The mere fact that on reappreciation of evidence the appellate court is inclined to arrive at a conclusion which is at variance with the trial court, the same cannot be the reason for interference with the order of acquittal. The findings of the trial court cannot be said to be distorted conclusions warranting interference. Based on the oral evidence of Joginder Singh (PW-2) and Harbhajan Singh (PW-3), the High Court ought not to have interfered with the order of acquittal and the conviction of the appellant under Section 18 of the NDPS Act cannot be sustained - the conviction of the appellant under Section 18 of the NDPS Act and the sentence of imprisonment imposed on him is set aside. Appeal allowed - decided in favor of appellant.

Summary

Issues:
- Compliance with Section 50 of the NDPS Act
- Production of contraband before the court
- Applicability of safeguards under Section 50
- Reliability of oral evidence regarding production of contraband
- Legal principles governing appeals against acquittal

Compliance with Section 50 of the NDPS Act:
The appeal arose from the High Court's decision to reverse the appellant's acquittal and convict him under Section 18 of the NDPS Act based on the recovery of opium from his possession. The prosecution argued that the contraband was found in the appellant's possession during a search by police officials. The trial court had acquitted the appellant citing non-compliance with Section 50 of the NDPS Act, which mandates certain safeguards during searches. The defense contended that carrying the contraband in a bag on a scooter did not necessitate compliance with Section 50, citing relevant case law.

Production of Contraband Before the Court:
The crucial issue revolved around the production of the contraband before the court. The High Court relied on oral evidence to establish the production of the contraband before the Magistrate, leading to the appellant's conviction. However, the trial court found discrepancies in the evidence, noting the absence of an order from the Magistrate confirming the production of the contraband. The lack of documentary evidence supporting the oral testimony raised doubts about the reliability of the prosecution's claims regarding the production of the contraband.

Applicability of Safeguards Under Section 50:
The defense emphasized the importance of complying with the safeguards outlined in Section 50 of the NDPS Act. The argument centered on whether the circumstances of the case warranted adherence to these safeguards, particularly in relation to the search conducted and the subsequent seizure of the contraband from the appellant's possession.

Reliability of Oral Evidence Regarding Production of Contraband:
The prosecution's case heavily relied on the oral evidence provided by police witnesses regarding the production of the contraband before the Magistrate. However, the trial court's skepticism about the lack of documentary corroboration raised concerns about the veracity of the claims made by the prosecution. The absence of concrete evidence linking the seized contraband to the samples sent for analysis cast doubt on the prosecution's case.

Legal Principles Governing Appeals Against Acquittal:
The judgment delved into the legal principles guiding appeals against acquittals, emphasizing the need for substantial and compelling reasons to overturn an acquittal. The court reiterated the presumption of innocence in favor of the accused and highlighted the appellate court's limited scope in disturbing findings of acquittal. The judgment cited various precedents to underscore the cautious approach appellate courts must adopt when reviewing acquittal orders.

In conclusion, the Supreme Court allowed the appeal, setting aside the appellant's conviction under Section 18 of the NDPS Act. The court found that the prosecution failed to establish the production of contraband before the court conclusively, highlighting the insufficiency of oral evidence in the absence of documentary corroboration. The judgment underscored the importance of adhering to legal safeguards and the necessity of concrete evidence to secure convictions in cases involving narcotics offenses.