VidhiSangh

Supreme Court of India · 01/03/2024

MOHAMMED KHALID AND ANOTHER versus THE STATE OF TELANGANA

[2024] 3 S.C.R. 23 · 2024 INSC 158

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Summary

The prosecution failed to prove the identity and safe custody of the seized ganja samples, and the FSL report could not be relied on where sampling was not conducted under Section 52A before a Magistrate. The convictions also could not stand for two appellants who were not present at the seizure and whose alleged involvement rested on inadmissible police confessions.

Issues

  1. Whether contradictions in sampling, missing custody records and the absence of proceedings under Section 52A NDPS Act undermined the prosecution’s proof of the seized substance.
  2. Whether appellants not present at the seizure could be convicted on the basis of co-accused’s police interrogation statements without proof of possession or other admissible evidence.

Provisions considered

Held

Result

Appeals allowed; the convictions and sentences of appellants A-2, A-3 and A-4 were set aside and they were acquitted. They were directed to be released forthwith unless required in another case. Proceedings against A-1 had abated on his death.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 23.