VidhiSangh

Supreme Court of India · 15/09/2025

KAILAS S/O BAJIRAO PAWAR versus THE STATE OF MAHARASHTRA

[2025] 9 S.C.R. 935 · 2025 INSC 1117

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Summary

The Supreme Court set aside a High Court order directing a re-trial in an NDPS case involving seizure of 39 kg of ganja. A video recording supported by a Section 65B(4) certificate is admissible like a document and need not be played during each witness's deposition or transcribed; a Chemical Examiner's report is admissible under Section 293 CrPC without examining him; and non-production of samples or contraband could be cured by additional evidence under Section 391 CrPC. Re-trial is for exceptional cases only, so the appeals were restored to the High Court for fresh decision.

Issues

  1. Whether the High Court was justified in ordering a re-trial of the appellant's NDPS case.
  2. Whether a video recording of the search and seizure, certified under Section 65B(4) of the Evidence Act, is inadmissible unless played and explained during each witness's deposition.
  3. Whether the Chemical Examiner must be examined in every NDPS case to prove his report.
  4. Whether non-production of the seized contraband and samples at trial warranted a re-trial, and what relief was appropriate.

Provisions considered

Held

Result

Appeal allowed; the High Court's order of re-trial set aside and both criminal appeals restored to the High Court for fresh decision, preferably within six months. The appellant to remain on bail; the co-accused at liberty to seek suspension of sentence and bail. No opinion expressed on merits.

Judgment PDF: Supreme Court of India, [2025] 9 S.C.R. 935.