Case Note & Summary
The appeal was filed by the State of Haryana against the acquittal of Vidhya Dhar by the High Court of Punjab and Haryana, which had reversed the conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The respondent was initially sentenced to ten years of rigorous imprisonment and a fine for possessing opium. The case arose when police intercepted the respondent, leading to the recovery of approximately 2 kilograms and 250 grams of opium from his possession. The prosecution presented five witnesses, and the Sessions Court found the respondent guilty, ruling that there was no violation of Section 50 of the Act. However, the learned Single Judge acquitted the respondent, citing potential tampering with the seals on the sample packets. The State's counsel argued that the evidence did not support claims of tampering. The Supreme Court reviewed the testimonies of the police officers involved, concluding that the seals were intact and that the learned Single Judge had misread the evidence. The Court reversed the acquittal, reinstating the conviction and sentence imposed by the Sessions Court.
Headnote
A) Criminal Law - Narcotic Drugs - Conviction under Narcotic Drugs and Psychotropic Substances Act - Evidence of Recovery - The prosecution successfully proved recovery of 2 kilograms and 250 grams of opium from the respondent, and there was no procedural illegality in the investigation. The learned Single Judge's finding of tampering with the seal was found to be without basis, leading to a reversal of acquittal and affirmation of conviction (Paras 1-3).
Issue of Consideration
Whether the learned Single Judge erred in acquitting the respondent on the grounds of alleged tampering with the seals.
Final Decision
The Supreme Court set aside the acquittal by the learned Single Judge, reinstated the conviction and sentence of the respondent as recorded by the Addl. Sessions Judge, Bhiwani.
Law Points
- Narcotic Drugs and Psychotropic Substances Act
- 1985
- Section 18
- Conviction
- Tampering with Evidence
- Benefit of Doubt
