2020 (8) TMI 107 - SC - Indian Laws

Smuggling - cannabis (ganja) - contraband item - rebuttal of presumption - presumption against the accused of culpability under Section 35 - fabricated and fictitious document - HELD THAT - In view of the nature of evidence available it is not possible to hold that the prosecution had established conscious possession of the house with the appellant so as to attribute the presumption under the NDPS Act against him with regard to recovery of the contraband. Conviction could not be based on a foundation of conjectures and surmises to conclude on a preponderance of probabilities, the guilt of the appellant without establishing the same beyond reasonable doubt - The police investigation was very extremely casual, perfunctory and shoddy in nature. The appellant has been denied the right to a fair investigation, which is but a facet of a fair trial guaranteed to every accused under Article 21 of the Constitution. The consideration of evidence by the Trial Court, affirmed by the High Court, borders on perversity to arrive at conclusions for which there was no evidence. Gross misappreciation of evidence by two courts, let alone poor investigation by the police, has resulted in the appellant having to suffer incarceration for an offence he had never committed. The conviction of the appellant is held to be unsustainable and is set aside - appellant is acquitted - Appeal allowed.

Summary

Issues:
Conviction under NDPS Act for possession of cannabis, Ownership of the house in question, Flawed police investigation, Burden of proof on prosecution, Right to fair trial, Misappreciation of evidence, Appellate intervention for protecting individual liberty.

Conviction under NDPS Act for possession of cannabis:
The appellant challenged his conviction under Section 8C read with Section 20(b)(ii)(c) of the NDPS Act for possessing cannabis. The prosecution relied on the recovery of 48 Kgs 200 gms of cannabis from a house owned by the appellant. The appellant argued that the conviction based on a presumption of ownership without establishing conscious possession was unsustainable. The police received information about contraband in the house, and witnesses identified the house as belonging to a co-accused. The appellant promptly produced a sale agreement, but it was not investigated. The prosecution failed to prove conscious possession beyond reasonable doubt, leading to doubts about the appellant's guilt.

Ownership of the house in question:
The prosecution claimed the appellant was the owner of the house based on voter lists and village records. However, the appellant presented a sale agreement showing he had sold the house to a co-accused. Witnesses contradicted each other on the ownership issue. The police investigation was incomplete and flawed, with key evidence like panchayat records not being properly examined. The courts found the evidence of ownership and possession to be insufficient and based on conjectures, leading to the appellant's wrongful conviction.

Flawed police investigation:
The police investigation was criticized for being casual, perfunctory, and shoddy. The investigation failed to verify crucial evidence like the sale agreement and panchayat records, leading to a flawed case against the appellant. The flawed investigation played a significant role in the appellant's wrongful conviction, highlighting the importance of thorough and diligent police work in criminal cases.

Burden of proof on prosecution:
The judgment emphasized that the prosecution must establish a prima facie case beyond reasonable doubt before shifting the burden of proof to the accused. The stringent provisions of the NDPS Act, including minimum sentences and absence of remission, do not exempt the prosecution from proving the case meticulously. The burden of proof cannot be shifted to the accused based on conjectures or probabilities; it must be established beyond reasonable doubt to ensure a fair trial.

Right to fair trial:
The judgment highlighted the accused's right to a fair trial under Article 21 of the Constitution. It emphasized that the prosecution's failure to prove a prima facie case and the misappreciation of evidence by lower courts could lead to wrongful convictions. The appellant was denied a fair investigation, leading to a miscarriage of justice. The judgment underscored the importance of upholding the right to a fair trial in criminal proceedings.

Misappreciation of evidence:
The courts below were criticized for misappreciating evidence, leading to a wrongful conviction. The judgment noted that the conclusions reached were not supported by evidence, indicating a serious error in the judicial process. The misappreciation of evidence by the lower courts highlighted the need for appellate intervention to correct miscarriages of justice and protect individual liberties.

Appellate intervention for protecting individual liberty:
The Supreme Court intervened to protect the individual liberty of the appellant by setting aside the conviction and acquitting him. Despite generally not interfering with concurrent findings of facts, the Court acted to correct the gross misappreciation of evidence and ensure justice. The judgment emphasized the Court's role in safeguarding individual liberties when faced with insufficient evidence and perversity in lower court decisions. The appellant was directed to be released unless required in another case, highlighting the Court's commitment to upholding justice and fairness in legal proceedings.