1995 (2) TMI 224 - HC - Central Excise

Summary

Issues:
Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Admissibility of the report of the Central Forensic Science Laboratory (C.F.S.L.); Possession of poppy husk; Waiver of rules of evidence in criminal cases.

Analysis:
The appellant was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for illegal possession of poppy husk. The prosecution's case relied on the seizure of 5.500 Kgs. of poppy husk from the appellant's possession at the Inter-State Bus Terminal in Delhi. The appellant denied the charges, claiming false implication. The main submission in the appeal was the admissibility of the C.F.S.L. report (Ex. PW 5/D) as evidence under Section 293 Cr.P.C. The report was prepared by a Sr. Scientific Assistant, not falling under the experts specified in Section 293. The appellant argued that the report lacked proper authority and there was insufficient evidence of possession of the contraband.

The key issue was whether the rules of evidence regarding the production and proof of documents could be waived in a criminal case. The appellant contested the admissibility of the report, citing previous judgments. The defense argued that the report did not meet the criteria set out in Section 293 Cr.P.C. However, a contrary view was taken in a previous judgment, stating that the admissibility of a document can't be challenged on appeal if admitted without objection during the trial. The court referred to legal principles emphasizing the importance of strict adherence to evidence rules in criminal cases.

The court highlighted the role of defense lawyers in criminal cases, emphasizing that they cannot admit guilt or incriminating facts on behalf of the accused. The judgment referenced previous decisions and a Division Bench ruling to support the position that once a document is admitted without objection during the trial, its admissibility cannot be contested on appeal. The prosecution evidence, including witness testimonies and seizure memos, corroborated the seizure of poppy husk from the appellant's possession. The trial court's assessment of the evidence was deemed credible, leading to the affirmation of the conviction under Section 15 of the Act.

In conclusion, the appeal was dismissed as no other points were raised. The court upheld the conviction based on the evidence presented and the adherence to procedural requirements, including the seizure of the contraband in accordance with Section 50 of the Act.