NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL

The Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances (NDPS) Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.

Justice Pankaj Jain said, "Investigating agency can not hide proceedings from the Court. The onus upon the investigating agency is to investigate the crime and not to ensure that the accused is punished. After all, the quest is for the truth. The fairness of investigation is expected from the prosecution not only qua the stand of the prosecution but also from the point of view of the defence."

The Court highlighted that in the trials involving narcotic drugs and psychotropic substances, the sampling as well as forensic reports are crucial.

Once there was an objection by the Forensic Lab, it was the duty of the prosecution to come clean on the said objection. Concealment of this vital fact from the accused is fatal to the prosecution and defeats the whole object of the fair trial, it added.

The Court was hearing an appeal against the judgment of conviction and order of sentence passed by a Special Court in 2016 registered under Section 22 of the NDPS Act.

The appellant, Zorawar Singh was convicted for an offence punishable under Section 22 of the NDPS Act after having been found guilty of unauthorized possession of 400 MICROLIT Tablets and has been sentenced to undergo rigorous imprisonment of 3 years along with a fine of Rs.10,000.

After examining the submissions, it was noted that Section 22 (punishment for contravention in relation to psychotropic substances) of the NDPS Act was mentioned in advance in all the case memos.

 The judge said that mentioning the offence even prior to recovery leads to the inference that the Investigating Officer (I.O.) "was in the knowledge of the offence for which the appellant and the co-accused was to be booked."

"The I.O. being in the knowledge of the charging section even prior to recovery of the contraband at the time he obtained consent of the suspect does not augur well with the fairness expected from the prosecution," said the Court.

Furthermore, the Court found that the sample sent to the Forensic Lab met with an objection and it was "kept under wraps" and not informed to the Trial Court which the High Court said is "fatal to the case of prosecution".

Justice Jain opined that the fairness of trial demands that the accused must be made aware of all the circumstances against him. Keeping of objections raised by FSL veiled from the Court and the accused leads to the conclusion that the appellant has not been tried fairly.

In light of the above, the Court decided that the present appeal deserves acceptance and the order of the sentence and conviction was set aside.

Saurabh Kapoor, Advocate for the appellant.

Kunal Vinayak, A.A.G., Punjab.

Title: 2024 LiveLaw (PH) 101

Title: Zorawar Singh @ Shenty v. State of Punjab

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