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Ajay Kumar Gupta vs Union of India

Not available · 2024 INSC 619Decided 22 Aug 2024
Not available
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The appellant, a licensed medical shop owner in Patna, was prosecuted along with two others under the NDPS Act after the Narcotics Control Bureau intercepted a consignment of Fortwin injections (containing the psychotropic substance pentazocine) being transported by train from Hajipur to Lucknow. The prosecution alleged the appellant had supplied the contraband to the person transporting it. The trial court convicted the appellant, sentencing him to 10 years' rigorous imprisonment, and the High Court upheld the conviction.

Decision Breakdown

The Supreme Court found that the courts below had relied heavily on the appellant's own statement recorded under Section 67 of the NDPS Act, but the Court's earlier Constitution Bench ruling in Tofan Singh v. State of Tamil Nadu had already held such statements inadmissible as confessions since NCB officers are "police officers" for this purpose. Without that statement, there was no legal evidence linking the appellant to supplying the contraband; the person who allegedly transported the goods to him was never examined as a witness, and the prosecution withheld this evidence, warranting an adverse inference against it. Finding no proof of any conspiracy or actual transfer of the contraband by the appellant, the Court set aside the conviction and acquitted him of all charges.

Lesson Learnt

A statement made to a Narcotics Control Bureau officer cannot be used as a confession to convict someone under the NDPS Act: genuine, independent evidence of a person's involvement is still required, and prosecutions cannot succeed by withholding key witnesses.

Official source (sci.gov.in)View Judgment (PDF)

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