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Relying Only On Evidence Of IO For Convicting Accused Under NDPS Act Is Not Proper
07 Dec 2019 01:36 pm
While setting aside an order of conviction passed under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Chhattisgarh High Court on Thursday said that without there being any corroboration by Independent Witnesses, relying only on the evidence of Investigating Officers, whose statements were contradictory, was improper.
Justice Arvind Singh Chandel said,
"On a minute examination of the above evidence, it is clear that the case is based only on the evidence of Investigating Officer Dipesh Saini (PW11) and other police witnesses.
…without there being any corroboration by the Independent Witnesses, relying only on the evidence of Investigating Officer Dipesh Saini (PW11) and Constable Rini Prasad (PW8) for convicting the Appellants is not proper."
The order was prompted from the discrepancies in the evidence recorded before the Trial Court.
The Appellant-accused namely, Mohd Guddu, Anupam Baranwa and Pappi Baranwa had been convicted and sentenced to different terms of imprisonment under Section 20(b)(ii)(C) of the NDPS Act and Section 417 of IPC, by the Special Judge for allegedly transporting 60 Kgs of illegal Ganja from Orissa.
