Criminal Appeal No. 580 of 2020
Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act)
The Police searched the Appellant after following the mandatory and necessary provisions of Section 50 of the NDPS Act and recovered the 20kg of Prohibited Narcotic Substance-Ganja from the motorcycle, which had the Appellant. After making the Panchnama, the Police seized the Ganja and out of 20kg, made two packets of 100 grams viz ‘B1’ & ‘B2’ for a sample. The Police sealed the samples and made an entry in the seizure list. Remaining narcotic substance or Ganja was marked as ‘B’. The samples were sent to a lab for testing, where it was founded that the narcotic substance was Ganja. The Police also made Panchnama.
ASI J. K. Sen, as soon as he received the information, made FIR or Dehati Nalsi. Inspector Ashish Shukla conducted a further investigation based on FIR and statement of witnesses, and he provided the information of investigation to Special Judge and Municipal Police Officer. Accordingly, the charge sheet was made against Appellant for the offence under Section 20(b)(ii)(B) of the NDPS Act.
Judgments of the Supreme Court often enhance a particular enactment or law as a whole. While deciding any criminal matter, the ultimate object of the law is to convict and punish the accused based on witnesses, evidence, etc., unless the contrary is proved and to prevent the society using deterrence theory. The Supreme Court in this particular relied on actual documentary evidence such as lab tests reports, Panchnama, etc. and official witnesses in support for such evidence; therefore, where investigation agencies critically follow the due procedure of law; their officials, irrespective of any independent witness, are abundant to prove the crime. The ownership is immaterial under the NDPS Act, only possession of that vehicle and recovery of contraband from such vehicle is sufficient. Being lenient in a sentence is a discretionary power of each Court of land and the Judge has to exercise such power based on the gravity of the offence, shreds of evidence, and other relevant facts.
Some add on suggestions are as follows:
Article 13, 14, 21, 19 and 368 of the Indian Constitution and the basic structure of Doctrine.
Art. 14, 15, 21 and 25 of Constitution of India