Case Note & Summary
The appeal was filed by the Intelligence Officer of the Narcotic Control Bureau against the judgment and order of the Special Judge, Gr. Bombay dated 9/7/1993 acquitting the respondents-accused of offences under the NDPS Act and the Customs Act. The prosecution case was that on 16/6/1988, NCB officers received information that delivery of 2 kgs of heroin would be made in room no.661 of Hotel Taj Mahal at Colaba, Bombay at about 6 p.m. The officers, including Deputy Director R.R. Kakar and Intelligence Officer Yogesh Shah, visited the hotel and took two panchas arranged by the security staff of the hotel. At 6 p.m., they knocked on the door of room no.661, which was opened by accused no.1. After search, a black coloured briefcase was found on a teapoy, which was opened by a key produced by accused no.1. The briefcase contained two polythene bags with off-white powder, which tested positive for heroin. The briefcase also contained a British passport and air ticket in the name of accused no.1. The powder weighed 1 kg each, and samples were taken. The accused were charged under the NDPS Act and Customs Act. The trial court acquitted the accused. The High Court, in appeal, considered the evidence and found that the panch witnesses were employees of the hotel and not independent, and their evidence was not reliable. The court held that the prosecution failed to prove the case beyond reasonable doubt and dismissed the appeal.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 21, 23, 28, 29 - Customs Act, 1962 - Sections 135(1)(a), 135(1)(b) - Acquittal - Appeal against acquittal - The prosecution case was based on recovery of 2 kgs heroin from a briefcase in a hotel room - The panch witnesses were employees of the hotel and not independent - The court held that the evidence of panch witnesses was not reliable and the prosecution failed to prove the case beyond reasonable doubt - The appeal was dismissed (Paras 1-3).
Issue of Consideration
Whether the acquittal of the respondents-accused for offences under the NDPS Act and Customs Act was justified given the alleged recovery of heroin from a hotel room.
Final Decision
The appeal is dismissed. The judgment and order of acquittal passed by the Special Judge, Gr. Bombay dated 9/7/1993 is confirmed.
Law Points
- NDPS Act
- Customs Act
- acquittal
- panch witness
- independent witness
- search and seizure
- credibility of evidence
- procedural irregularity
Case Details
2005 LawText (BOM) (01) 51
Criminal Appeal No.81 of 1995
S.S. Parkar, Anoop V. Mohta
Mr. D.N. Salvi for Appellant, Mr. A.M. Shringarpure, APP for Respondent No.5-State
Shri Y.O. Shah, Intelligence Officer, Narcotic Control Bureau, Bombay
1. Daud Mohamed Patel, 2. Ali Ibrahim Patel, 3. Mohamed Umarji Patel @ Babubhai, 4. Yakub Mohamed Patel, 5. The State of Maharashtra
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Nature of Litigation
Appeal against acquittal in a criminal case under NDPS Act and Customs Act.
Remedy Sought
The appellant (original complainant) sought reversal of the acquittal and conviction of the respondents-accused.
Filing Reason
The appellant was aggrieved by the judgment and order of the Special Judge acquitting the respondents-accused of offences under the NDPS Act and Customs Act.
Previous Decisions
The Special Judge, Gr. Bombay acquitted the respondents-accused on 9/7/1993 in NDPS Spl. Case No.1225 of 1988.
Issues
Whether the panch witnesses were independent and their evidence reliable.
Whether the prosecution proved the case beyond reasonable doubt.
Submissions/Arguments
The appellant argued that the recovery of heroin was proved and the trial court erred in acquitting the accused.
The respondents-accused argued that the panch witnesses were not independent and the prosecution failed to prove the case.
Ratio Decidendi
The panch witnesses were employees of the hotel and not independent, making their evidence unreliable. The prosecution failed to prove the case beyond reasonable doubt, and the acquittal was justified.
Judgment Excerpts
This appeal is filed by the original complainant against the judgment and order of the Special Judge, Gr. Bombay dated 9/7/1993 acquitting the respondents-accused of the offences under the provisions of NDPS Act and the Customs Act with which they were charged in NDPS Spl. Case No.1225 of 1988.
The prosecution case briefly stated is as under :- On 16/6/1988 the officers of NCB had received the information that delivery of heroin weighing 2 kgs. would be made in room no.661 of Hotel Taj Mahal at Colaba, Bombay at about 6 p.m.
Procedural History
The trial court (Special Judge, Gr. Bombay) acquitted the respondents-accused on 9/7/1993. The appellant (original complainant) filed Criminal Appeal No.81 of 1995 in the High Court of Judicature at Bombay against the acquittal. The appeal against respondent no.1 was dismissed by order dated 1/2/1999. The appeal was heard and decided on 19/1/2005.
Acts & Sections
- Narcotic Drugs and Psychotropic Substances Act, 1985: 8(c), 21, 23, 28, 29
- Customs Act, 1962: 135(1)(a), 135(1)(b)
