VidhiSangh

Supreme Court of India · 30/08/2022

SANJEET KUMAR SINGH @ MUNNA KUMAR SINGH versus STATE OF CHHATTISGARH

[2022] 11 S.C.R. 166 · 2022 INSC 883

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Summary

The appellant was convicted under Section 20(b)(ii)(C) of the NDPS Act for about 47 kg of ganja found in the boot of a car he was driving with a co-accused, who was acquitted. The conviction rested on the informant-investigating officer. The two independent search witnesses, both local panchayat councillors, denied any search or seizure and said their signatures were taken on documents at the police station during an unrelated visit. The Supreme Court acquitted him. Police evidence need not always be corroborated, but where independent witnesses give a plausible account that strikes at the search itself, the prosecution must be compelling. Here the officer's own timeline and notices were inconsistent, and the Section 54 presumption could not arise without proof of recovery.

Issues

  1. Whether an NDPS conviction can rest on the uncorroborated testimony of the informant-investigating officer when the independent search witnesses deny the search and seizure and plausibly explain their signatures
  2. Whether the Section 54 presumption arises when the recovery itself is in doubt, and whether the accused deserved the same benefit of doubt as the acquitted co-accused

Provisions considered

Held

Result

Appeal allowed; the conviction and sentence of 10 years' rigorous imprisonment and fine were set aside and the appellant was directed to be released forthwith unless required in another case; no costs.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 166.