inventory - The Legal Chamber

The Supreme Court held that a retrial is an exceptional remedy not warranted merely to rectify procedural lapses in evidence admission. Electronic evidence complying with Section 65B of the Evidence Act is admissible without a transcript. The non-examination of a Chemical Analyst or non-production of samples is not automatically fatal, as an appellate court can remedy such defects under Section 391 CrPC instead of ordering a retrial. Facts Of The Case: The case originated from a raid conducted by police on a hut based on information that the appellant, Kailas, and another accused were stocking Ganja for sale. Following due procedure, the raiding party, which included panch witnesses and a gazetted officer, searched the hut and recovered 18 plastic packets containing 39 kilograms of Ganja...

The Supreme Court held that the High Court erred in dismissing the appeal solely on the ground of delay, particularly when the appellant was incarcerated. On merits, the Court acquitted the accused due to fatal procedural lapses: non-compliance with mandatory sampling guidelines under Standing Order No. 1 of 1989 and Section 52A of the NDPS Act, which rendered the seizure and FSL report unreliable. The trial court also erred in clubbing separate recoveries to constitute commercial quantity without evidence of conspiracy under Section 29. Facts Of The Case: On July 16, 2018, based on source information, police apprehended the appellant, Nadeem Ahamed, and a co-accused, Amit Dutta, near Laxmi Store in Kolkata. A search, conducted in the presence of a Gazetted Officer, led to the recovery o...

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No Retrial Merely to Fill Gaps in Prosecution, Rules Supreme Court in Drug Case

Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored