NDPS Act Conviction: Supreme Court Upholds High Court’s Decision

The case of Raveen Kumar vs. State of Himachal Pradesh revolved around a charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant challenged the judgment of the High Court of Himachal Pradesh, which had overturned his acquittal and imposed a sentence of two years of rigorous imprisonment along with a fine of Rs. 50,000. The case involved key legal questions regarding appellate jurisdiction in cases of acquittal, the admissibility of prosecution replies to bail applications, and the role of independent witnesses in NDPS cases.

Facts of the Case

On November 1, 1994, the police conducted a traffic check at Surangani near the Himachal Pradesh-Jammu & Kashmir border. The appellant, Raveen Kumar, was stopped while driving a Maruti van. Upon searching the vehicle, the police discovered a polythene bag under the driver’s seat, which contained 1 kg and 230 gms of charas. The contraband was sealed, and a sample was sent for chemical analysis, which confirmed a resin content of 34.5%. The appellant was charged under Section 20 of the NDPS Act.

Trial Court’s Decision

The Special Judge acquitted the appellant, citing the failure of the prosecution to prove possession beyond reasonable doubt. The trial court heavily relied on a prosecution reply dated November 9, 1994, which indicated prior suspicion about the appellant’s involvement in drug trafficking. The judge found contradictions in the statements of police witnesses and noted that the sole independent witness had turned hostile.

High Court’s Reversal of Acquittal

The State appealed, and the High Court overturned the acquittal. It held that the trial court had committed a legal error by placing excessive reliance on the prosecution’s reply to the bail application. The High Court pointed out that:

• PW1 (the independent witness) had largely corroborated the prosecution’s case despite turning hostile.
• The contradictions in police witness testimonies were minor and did not affect the prosecution’s case.
• The alleged prior suspicion did not prove that the recovery was staged.

Contentions of the Parties

Appellant’s Arguments

• The High Court had exceeded its jurisdiction in reversing the trial court’s acquittal.
• The sole independent witness had disowned the prosecution’s case.
• The police reply to the bail application proved that this was not a case of chance recovery.
• Leniency should be granted due to the appellant’s age and the small quantity of narcotics recovered.

State’s Arguments

• The conviction could be sustained solely based on police witness testimonies.
• The trial court erred in relying on an unchallenged prosecution reply to a bail application.
• The High Court had already been lenient in sentencing by considering only the pure resin content.

Supreme Court’s Analysis and Judgment

1. Scope of High Court’s Appellate Jurisdiction

The Supreme Court reaffirmed that appellate courts have the power to reappreciate evidence in acquittal cases. However, they should do so cautiously and only intervene when the acquittal is found to be perverse. It cited past precedents, including State of U.P. v. Banne and Babu v. State of Kerala, which allow reversal of acquittals in cases of manifest errors.

2. Admissibility of the Prosecution’s Bail Reply

The Court emphasized that trial courts should not rely on prosecution replies to bail applications unless the investigating officer has been confronted with them during cross-examination. It cited Sita Ram Bhau Patil v. Ramchandra Nago Patil to highlight that such documents cannot be treated as conclusive proof.

3. Role of Independent Witnesses

The Court ruled that independent witnesses are not mandatory for NDPS convictions. It held that police witness testimonies, if reliable, are sufficient for a conviction. The Supreme Court found that PW1’s testimony corroborated key prosecution claims and that contradictions in police statements were minor.

Sentencing and Final Decision

The Supreme Court refused to grant any further leniency in sentencing. It noted that the NDPS Act prescribes a minimum sentence of ten years for commercial quantities. The High Court, in considering only the pure resin content, had already been generous. The appeal was dismissed, and the appellant was ordered to serve the remainder of his two-year sentence.

Petitioner Name: Raveen Kumar.
Respondent Name: State of Himachal Pradesh.
Judgment By: Justice N.V. Ramana, Justice Surya Kant, Justice Hrishikesh Roy.
Place Of Incident: Surangani, Himachal Pradesh.
Judgment Date: 26-10-2020.

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