Case Note & Summary
The State of Maharashtra appealed against the judgment and order dated 12-8-1988 passed by the IV Additional Sessions Judge, Thane, acquitting the respondent/accused, Sou. Subhadrabai Raghunath Shinde, of offences punishable under Section 20(b)(i) and (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution case was that on 25-3-1986, a police party received secret information that a lady was running a business of charas and ganja from her pan shop. After calling panch witnesses, the police raided the shop and recovered aluminium boxes containing 24 and 10 charas pills, a tin box containing 7 packets of ganja, and another tin box containing 72 packets of bhang. Samples were taken and sealed. The accused was charged under the NDPS Act. The trial court acquitted the accused on the ground that the mandatory provisions of the NDPS Act, particularly Sections 42 and 50, were not complied with. The State appealed. The High Court examined the evidence and found that the secret information was not reduced to writing and sent to the superior officer as required under Section 42. Further, the accused was not informed of her right to be searched before a Gazetted Officer or Magistrate as mandated by Section 50. The court held that these non-compliances were fatal to the prosecution case. The High Court also noted that in an appeal against acquittal, the court would not interfere unless the findings are perverse. Since the trial court's findings were reasonable and based on evidence, the appeal was dismissed and the acquittal was upheld.
Headnote
A) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(i) and (ii) - Search and Seizure - Non-compliance with Section 50 - The prosecution failed to establish that the accused was informed of her right to be searched before a Gazetted Officer or Magistrate. The recovery of charas and ganja was held to be vitiated due to non-compliance with the mandatory requirement of Section 50 of the NDPS Act, 1985. (Paras 4-6) B) Criminal Law - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 42 - Information in Writing - The secret information received by the police was not reduced to writing and sent to the superior officer as required under Section 42 of the NDPS Act, 1985. This non-compliance was held to be fatal to the prosecution case. (Paras 4-6) C) Criminal Law - Appeal against Acquittal - Scope of Interference - The High Court, while hearing an appeal against acquittal, would not interfere unless the findings of the trial court are perverse or based on no evidence. The trial court's findings regarding non-compliance with mandatory provisions were found to be reasonable and not perverse. (Para 7)
Issue of Consideration
Whether the trial court was justified in acquitting the accused on the ground of non-compliance with the mandatory provisions of the NDPS Act, 1985, particularly Sections 42 and 50.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the accused. The court held that the trial court's findings regarding non-compliance with Sections 42 and 50 of the NDPS Act were reasonable and not perverse, and therefore no interference was warranted in appeal against acquittal.
Law Points
- Non-compliance with mandatory provisions of NDPS Act
- 1985
- Section 50
- Section 42
- Search and seizure
- Acquittal
- Benefit of doubt
