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2025 (4) TMI 949 - SC - Indian LawsDischarge of burden to prove that the appellant and the accused named Seema Choudhari found in possession of contraband in a WagonR car on 4th March 2016 are one and the same person - HELD THAT - The burden was on the prosecution to prove that the present appellant was found sitting in a WagonR car on 4th March 2016 from which contraband was recovered. Therefore it was the duty of the prosecution to prove that the accused Seema Choudhari as described in all documents including documents of seizure arrest memo etc. is the present appellant. Firstly we deal with the contentions based on the order dated 6th September 2016. A perusal of the order dated 6th September 2016 shows that a summary inquiry was conducted by the learned Special Judge under the NDPS Act on the basis of the documents produced on record. He has also relied on an inquiry report submitted by the investigation officer. The officer had recorded statements of some persons. The said order cannot be treated as a final adjudication of the contention raised by the appellant. The reason is that there was no oral evidence adduced at that stage. Moreover this inquiry was for a limited purpose of deciding the appellant s bail application. In the examination of the appellant under Section 313 of the Code of Criminal Procedure 1973 it is not put to the appellant that she is the same person as Seema Choudhari who was arrested on 4th March 2016. Therefore the appellant was deprived of an opportunity to deal with the prosecution case. This causes prejudice to her - the prosecution has adduced no evidence to show that the appellant is Seema Choudhari who was arrested on 4th March 2016. Conclusion - i) The prosecution must prove the identity of the accused beyond reasonable doubt especially when contemporaneous documents name a different person. ii) The conviction of the appellant under the NDPS Act was quashed and set aside. iii) The appellant was acquitted of all charges. Appeal allowed.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Court were:
2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Burden of Proof on Prosecution to Establish Identity of the Appellant as the Accused Seema Choudhari Relevant legal framework and precedents: Under criminal jurisprudence, the prosecution bears the burden to prove the identity of the accused beyond reasonable doubt. The NDPS Act provisions require strict proof of the accused's involvement in possession or trafficking of narcotic substances. The identity of the accused is a fundamental element to be established before conviction. Court's interpretation and reasoning: The Court recognized that all contemporaneous documents including the First Information Report (FIR), seizure memo, arrest memo, medical examination memo, and remand report consistently named the accused as Seema Choudhari. The appellant's name, K. Shikha Barman, was absent from any of these official records. The Court emphasized that the prosecution was duty-bound to prove that the appellant was the same person as Seema Choudhari, which it failed to do. Key evidence and findings: PW-5, the Sub-Inspector who conducted the search and arrest, consistently referred to the accused as Seema Choudhari. The signatures on search and seizure documents were of Seema Choudhari, not the appellant. The arrest memo recorded Seema's age as 17 years, leading to her production before the Juvenile Justice Board. The Juvenile Justice Board's communication indicated the accused's age was likely above 18 years, but no mention was made of the appellant's name. PW-5 denied knowledge of the appellant being present in the vehicle or being arrested. Application of law to facts: Given the absence of any direct evidence linking the appellant to the accused found in possession of contraband, and the consistent naming of Seema Choudhari in official documents, the Court found that the prosecution failed to prove the appellant's identity as the accused beyond reasonable doubt. Treatment of competing arguments: The prosecution relied on the order dated 6th September 2016, which held that Seema Choudhari and the appellant are the same person, based on documents such as the Aadhar card and an inquiry report. The Court distinguished this order as a summary inquiry conducted solely for bail purposes without oral evidence or final adjudication, and thus not binding or conclusive for the trial's purpose. The appellant's counsel argued that this order was erroneously relied upon and that no evidence was adduced at trial to prove identity. Conclusions: The Court held that the prosecution did not discharge its burden to prove the appellant's identity as the accused and that reliance on the bail order was misplaced for conviction purposes. Issue 2: Appropriateness of Relying on Bail Order for Establishing Identity at Trial Relevant legal framework and precedents: Bail proceedings are summary in nature and do not involve full trial procedures such as oral evidence or cross-examination. Findings made during bail hearings are not binding on the merits of the case at trial. Court's interpretation and reasoning: The Court noted that the order dated 6th September 2016 was passed during a bail application and was based on a summary inquiry relying on documents and an inquiry report, without oral evidence. The Court emphasized that such an order cannot be treated as a final adjudication on identity or guilt. The Court further observed that the appellant did not challenge this order, but that did not preclude the necessity of proving identity at trial with proper evidence. Key evidence and findings: The bail order relied on documents including the Aadhar card and an inquiry report by the investigation officer. However, no oral evidence was recorded, and the inquiry was limited to bail considerations. Application of law to facts: The Court held that the trial court and High Court erred in relying heavily on the bail order to establish identity in the absence of trial evidence. The appellant's right to a fair trial required that identity be proved beyond reasonable doubt through evidence presented at trial. Treatment of competing arguments: The State contended that the bail order was final and unchallenged and hence binding. The Court rejected this argument, underscoring the distinction between bail proceedings and trial proceedings. Conclusions: The Court concluded that the bail order could not substitute for evidence at trial and should not have been the basis for rejecting the appellant's identity defense. Issue 3: Fair Opportunity to the Appellant under Section 313 CrPC and Impact on Prejudice Relevant legal framework and precedents: Section 313 of the Code of Criminal Procedure mandates that the accused be examined on the prosecution's evidence to enable explanation or denial, ensuring a fair trial and preventing miscarriage of justice. Court's interpretation and reasoning: The Court noted that in the appellant's examination under Section 313 CrPC, the prosecution did not put the question that the appellant was the same person as Seema Choudhari arrested on 4th March 2016. This omission deprived the appellant of an opportunity to respond to the identity allegation, causing prejudice. Key evidence and findings: The record showed the absence of any question regarding identity during the Section 313 examination. The appellant was thus denied a chance to rebut or clarify the prosecution's case on this crucial point. Application of law to facts: The Court found this procedural lapse significant, as it impaired the appellant's right to a fair trial and contributed to the failure to prove guilt beyond reasonable doubt. Treatment of competing arguments: No specific counter-argument was noted from the prosecution on this procedural aspect. Conclusions: The Court held that the failure to examine the appellant on identity under Section 313 CrPC resulted in prejudice and was a factor in acquitting the appellant. Issue 4: Sustainability of Conviction under NDPS Act Sections 8 and 20(b)(ii)(C) Relevant legal framework and precedents: Sections 8 and 20(b)(ii)(C) of the NDPS Act criminalize possession and trafficking of narcotic drugs. Conviction requires proof beyond reasonable doubt of the accused's involvement in the offence. Court's interpretation and reasoning: The Court reiterated that the prosecution failed to prove the appellant's identity as the person in possession of contraband. Without establishing identity, conviction under the NDPS Act cannot be sustained. Key evidence and findings: The seizure of 38.200 kgs of Ganja from the WagonR car was undisputed. However, the accused named in all documents was Seema Choudhari, not the appellant. The appellant was not shown to have been present in the car or involved in the offence. Application of law to facts: The Court applied the principle that the accused's guilt must be proved beyond reasonable doubt and that mere suspicion or misidentification cannot sustain conviction. Treatment of competing arguments: The State urged reliance on the bail order and investigation reports to establish identity and guilt. The Court rejected these in the absence of trial evidence. Conclusions: The Court held that the conviction of the appellant under the NDPS Act was unsustainable and acquitted her accordingly. 3. SIGNIFICANT HOLDINGS The Court held:
Core principles established include:
Final determinations:
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