VidhiSangh

Supreme Court of India · 01/02/2018

UNION OF INDIA versus LEEN MARTIN & ANR.

[2018] 1 S.C.R. 656 · 2018 INSC 82

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Summary

The Supreme Court upheld acquittal in an NDPS prosecution because the alleged recovery was not proved beyond reasonable doubt. The panch witnesses contradicted the intelligence officer’s account and said the suitcase was already open when they arrived; they signed documents without knowing the contents. The officer’s impaired evidence could not safely sustain conviction, and exclusive reliance on the accused’s retracted Section 67 statement was unsafe in those circumstances. The Union’s appeal was dismissed.

Issues

  1. Whether contradictions surrounding the baggage search and seizure justified interference with the acquittal.

Held

Result

Union’s appeal dismissed; respondent’s acquittal affirmed.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 656.