Chhattisgarh HC acquits four in 1,840 kg Ganja Seizure Case, citing procedural flaws and improper sampling [Read Judgement]

Chhattisgarh: The Chhattisgarh High Court has delivered a significant order acquitting four individuals convicted by the trial court in connection with the seizure of 1,840 kg of ganja (cannabis) from a truck in Raipur. A Division Bench comprising Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput set aside the convictions and sentences imposed by the Special Judge (NDPS Act), Raipur.

The court noted that the samples from the seized substance were drawn by the police in the presence of the Sub-Divisional Magistrate (SDM), Raipur, and not in the presence of a Judicial Magistrate as required by law. The court observed:

No evidence has also been brought on record that the samples were drawn in the presence of the Magistrate and the list of the samples so drawn were certified by the Magistrate. The mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient compliance with the mandate of subsection (2) of Section 52A of the NDPS Act.

Further, the court observed that the sampling process did not comply with Standing Orders 1/88 and 1/89, which hold the binding force of law. The court stated:

The act of the Intelligence Officer of drawing samples from all the packets at the time of seizure is not in conformity with the law laid down by the Supreme Court in Mohanlal (supra). This creates a serious doubt about the prosecutions case that the substance recovered was a contraband. Therefore, the case of the prosecution is not free from suspicion and the same has not been established beyond a reasonable doubt.

The court noted significant contradictions in the statements of prosecution witnesses, including the independent witnesses who turned hostile. It also pointed out that electronic evidence, like CCTV footage and call detail records, was not properly proven as per the requirements of Section 65B of the Indian Evidence Act.

Expressing dismay over the Directorate of Revenue Intelligences failure to observe mandatory provisions of the NDPS Act, the court directed the specialized investigating agency to issue appropriate advisories to ensure strict compliance with statutory procedures in future cases.

In conclusion, the court allowed the appeals filed by the accused persons, set aside their convictions, and ordered their immediate release if not required in any other case. The court emphasized that offenses under the NDPS Act need to be dealt with strictly in accordance with law to protect society, but procedural safeguards cannot be ignored in the process.
 

[Read Judgement]