Summary
The Supreme Court restored the trial court’s NDPS convictions after rejecting the High Court’s two grounds for acquittal: absence of independent recovery witnesses and the torn condition of the bulk parcel. Independent witnesses were not indispensable, and the extreme-cold explanation was plausible on these facts. The damage to the bulk parcel was explained, while no evidence established tampering with the laboratory samples. The original sentences were restored.
Issues
- Whether absence of independent recovery witnesses required acquittal on these facts.
- Whether damage to the bulk contraband parcel undermined the integrity of the samples and recovery.
- Whether the trial court’s convictions and sentences should be restored.
Held
- Non-examination of independent witnesses is not necessarily fatal. The late-January evening conditions on the Manali-Kullu road lent credibility to the explanation that none were available. With no shown animosity and 18.85 kg recovered, planting was considered unlikely in this case. (¶¶ 3, 5, 6)
- Witnesses explained the torn bulk parcel by its size and nails on the supporting stool. The witnesses carrying samples to the laboratory were not challenged with a tampering suggestion, and the chemical examiner’s evidence did not indicate receipt of samples in a torn or doubtful condition. The High Court’s doubts were therefore insufficient. (¶¶ 5, 6)
- The two grounds for reversing conviction were rejected. The convictions under Section 20 read with Section 29 and the trial court’s sentences were restored; the accused were directed to surrender forthwith to serve the remainder, failing which they would be taken into custody. (¶¶ 2, 7, 8)
Result
State appeals allowed; High Court acquittal set aside and trial convictions restored, with twelve years’ rigorous imprisonment, Rs.1,50,000 fine each and the trial court’s default sentence. Accused to surrender forthwith or be taken into custody.