2017 (8) TMI 1195 - HC - Indian Laws

Guilty for committing offenses punishable under Sections 21(c) and 29 of NDPS Act - proof of commission of offence - Held that - The sole testimony of the Investigating Officer - PW-10 (Jyothimon Dethan) is not enough to prove the case of the prosecution beyond reasonable doubt. The offences under the NDPS Act are punishable with stringent sentence and the prosecution is required to establish its case beyond reasonable doubt irrespective of the weakness of the appellant s case. All the proceedings were conducted at the DRI office so much so the panchnama dated 17.08.2007 is computer typed. Notices under Section 50 NDPS Act (Ex.PW-10A & Ex.PW-10/B) appear to be a mere formality; they seem to have been prepared in advance. PW-10 (Jyothimon Dethan) disclosed in the cross-examination that he had not recorded the statement of any other official of the DRI who had participated in this case; their statements under Section 67 of NDPS Act were not recorded. All the witnesses of the prosecution are located at same office premises. The Court notices in various cases that the officials merely change their roles while carrying out different investigations. The investigation conducted by the investigating agency is not up-to-the-mark and suffers from apparent defects and material irregularities. Appellant s conviction on the solitary statement of the Investigating Officer who is interested in the success of his case cannot be sustained in the absence of any independent corroboration. In the light of above discussion, the appeal is allowed. Conviction and sentence recorded by the Trial Court are set aside. The appellant shall be released forthwith if not required in any other case.

Summary

Issues Involved:
Conviction based on sole testimony, Lack of corroboration, Failure to produce key witnesses, Inadequate investigation, Non-compliance with procedural requirements

Conviction based on sole testimony:
The appellant challenged the judgment based on the sole testimony of the Investigating Officer (PW-10), arguing lack of corroboration. The defense contended that no independent public witness corroborated the prosecution's version, leading to a false implication. The appellant denied involvement and claimed false implication. The Court noted the absence of other raiding team members' testimonies, raising doubts about the prosecution's case. The failure to produce key witnesses for cross-examination weakened the prosecution's position.

Lack of corroboration:
The Court highlighted the lack of corroboration for the Investigating Officer's testimony, emphasizing the importance of independent witnesses in criminal cases. The failure to produce independent public witnesses, whose addresses were allegedly incorrect, raised suspicions about the investigation's integrity. The absence of corroborative evidence from other team members and independent witnesses undermined the prosecution's case.

Failure to produce key witnesses:
The prosecution's failure to produce crucial witnesses, such as other raiding team members and independent public witnesses, was a significant flaw. The Court criticized the common practice of not examining all material witnesses to avoid inconsistencies. The absence of key witnesses, including those present during the recovery, led to adverse inferences against the prosecution.

Inadequate investigation:
The Court identified various deficiencies in the investigation, including the lack of Call Detail Records to establish connections between the accused, inadequate information on the origin of the contraband, and failure to verify critical details. The investigation's shortcomings, such as not tracing the whereabouts of key individuals and incomplete documentation, raised doubts about the case's integrity.

Non-compliance with procedural requirements:
The Court noted procedural lapses, such as the informal recording of secret information and the absence of proper documentation for crucial steps. The failure to follow standard procedures, like recording information in a register and producing essential records, highlighted the investigation's inadequacies. Non-compliance with procedural requirements weakened the prosecution's case.

In conclusion, the appeal was allowed, setting aside the conviction and sentence based on the deficiencies in the prosecution's case. The Court highlighted the importance of corroborative evidence, proper investigation procedures, and the need for key witnesses to establish guilt beyond reasonable doubt. The judgment emphasized the necessity of upholding legal standards and ensuring a robust prosecution case to secure convictions in criminal matters.