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Supreme Court’s directive in drug peddling cases

J. Venkatesan

Sets aside High Court ruling

Allows appeal against acquittal in the case
Bench remits the matter to High Court for fresh disposal

New Delhi: The Supreme Court has asked the High Courts to deal the drug peddling cases with caution, keeping in view the object of the Narcotic Drugs and Psychotropic Substances Act, to prevent smuggling of narcotic drugs and substances.

Quoting an earlier judgment, a Bench of Justices Arijit Pasayat and P. Sathasivam said, “the law on the point is very clear that even if there is any sort of procedural illegality in conducting search and seizure, the evidence collected thereby will not become inadmissible and the court would consider all the circumstances and find out whether any serious prejudice had been caused to the accused.”

Writing the judgment, Mr. Justice Sathasivam said: “If the search and seizure was in complete defiance of the law and procedure and there was any possibility of the evidence collected likely to have been tampered with or interpolated during the course of such search or seizure, then, it could be said that the evidence is not liable to be admissible in evidence.”

The Bench said, “in order to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, Parliament enacted NDPS Act in the year 1985.”

Since this was a special Act, the High Courts should exercise their powers cautiously.

In the instant case, the trial court convicted and sentenced respondent Udai Lal to undergo 10-year imprisonment and a fine of Rs.1 lakh for transporting maize and opium powder.

On an appeal, the Rajasthan High Court acquitted him. The present appeal by the State was against the High Court judgment.

The Bench said: “In the light of the principles laid down by this court, we are satisfied that the High Court failed to consider all the relevant materials and circumstances,” and set aside the judgment.

The Bench remitted the matter to the High Court for fresh disposal in six months.

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