NDLI: Union of India Vs. Jarooparam

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Narcotic Drugs and Psychotropic Substances Act Disposal of seized narcotic drugs 1985
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Narcotic Drugs and Psychotropic Substances Act, 1985 – s.52A – Disposal of seized narcotic drugs – Allegation of recovery of 7.2 kg of contraband material (opium) from respondent-accused – Conviction under s.8/18 r/w s.29 – Acquittal by High Court on the ground that the bulk quantity of the seized case property was not disposed of by the Executive Magistrate; that statement of accused under s.67 was recorded in police custody and the signature of accused was falsely obtained on blank papers – Held: In the impugned order, the High Court has observed that the order of the Executive Magistrate did not show that the property was disposed of, but it was recorded therein that after the preparation of the samples, the samples and the bulk quantity of property were returned to the investigating officer – Thus, it is apparent that the property was not disposed of – Omission on the part of the prosecution to produce the bulk quantity of seized opium created doubt on the genuineness of the samples drawn from the allegedly seized contraband – A bare perusal of the record showed that at no point of time any prayer was made by the prosecution for destruction of the said opium or disposal thereof otherwise – Even no notice was given to the accused before such alleged destruction/disposal – High Court committed no error in disbelieving the prosecution story by arriving at the conclusion that at the trial, the bulk quantities of contraband were not exhibited to the witnesses at the time of adducing evidence – The independent witnesses also turned hostile and did not support its case – It is manifest from the record that they had simply put their signatures on the papers at the whims of investigating agency – The version of prosecution that the accused voluntarily made the confessional statement cannot be believed in the light of admission by Narcotics Officer (PW 5), a key prosecution witness, that the statement of accused under s.67 of the Act was recorded while he was in his custody and the time was not mentioned on the statements – This fact was further corroborated with the statement of PW 6 also that the statement of accused was recorded after arrest and while in custody – Thus, it cannot be said that the statement of the accused confessing the crime was of voluntarily made under the provisions of the Act – Interference with the order of High Court not called for.
Judge	Honble Mr. Justice N.V. Ramana
Neutral Citation	2018 INSC 78
Petitioner	Union Of India
Respondent	Jarooparam
SCR	[2018] 1 S.C.R. 618
Judgement Date	2018-01-31
Case Number	741

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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