VidhiSangh

Supreme Court of India · 31/01/2018

UNION OF INDIA versus JAROOPARAM

[2018] 1 S.C.R. 618 · 2018 INSC 78

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Summary

The Supreme Court upheld acquittal where the prosecution neither produced seized bulk opium nor established lawful disposal. The magistrate’s proceedings showed that the material had been returned to the investigating officer, and the trial court had ordered its preservation. Unsupported claims of destruction cast doubt on the samples’ genuineness. Independent witnesses did not support the case, and the alleged confession was not shown voluntary on the evidence. The surviving Union appeal was dismissed; the companion appeal had already abated.

Issues

  1. Whether unexplained non-production of bulk contraband and defects in the supporting evidence justified sustaining acquittal.

Held

Result

Surviving appeal 741/2011 dismissed; acquittal affirmed and pending applications disposed of. Companion appeal 742/2011 had already abated.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 618.