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

5Sep

By The Legal ChamberNo Comments

Supreme Court

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

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...

Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty

The Supreme Court acquitted the appellant, overturning his death sentence, due to glaring inconsistencies in eyewitness testimonies (PW1, PW2) and lack of corroborative evidence. The prosecution failed to prove guilt beyond reasonable doubt, as recoveries were unreliable, forensic links were absent, and material contradictions undermined the case. The Court emphasized strict adherence to evidentiary standards in capital offenses. Facts Of The Case: The case involves the brutal murder of four family members—Seema Rani (the appellant’s wife), Reena Rani (sister-in-law), and two minor children, Sumani Kumari (3-4 years) and Harsh (1.5-2 years)—along with injuries to two others, Harry (5 years) and Om Prakash (18 years). The incident occurred on November 29, 2013, in the early morning at the...

DNA Mishandling Leads to Acquittal: Supreme Court Criticizes Investigation in Brutal Murder Case

The Supreme Court acquitted the accused in a double murder and rape case, ruling that the prosecution failed to establish guilt beyond reasonable doubt. The Court highlighted critical lapses, including unreliable circumstantial evidence, mishandled DNA samples, an improperly conducted Test Identification Parade, and lack of motive. It emphasized strict adherence to forensic protocols and reaffirmed that circumstantial evidence must form an unbroken chain pointing solely to the accused’s guilt. The judgment underscored the prosecution’s burden to ensure a fair investigation and maintain evidentiary integrity. Facts Of The Case: In May 2011, two young victims—Ezhil Muthalvan (D1) and Kasturi (D2)—were found brutally murdered near Suruli Falls in Tamil Nadu. D1 had left home under the prete...