Published on: 30 September 2023 at 10:32 IST
Court: Supreme Court of India
Citation: Mohinder Singh V. State of Punjab (2018)
Honourable Supreme Court of India has held that Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is a presumptive legislation and thus, the interpretation of the said Act has to be strict. It is held that the defective investigation would require for the interest of justice which would benefit in the acquittal.
3. We have serious reservations with regard to the selective act of the State in challenging the appellant’s acquittal alone. If that was not enough, the conviction is based on a defective investigation. No investigation was conducted with regard to the origin and destination of the contraband. The owner of the truck was also not proceeded against under Section 25 of the NDPS Act. No proceedings for confiscation of the truck were taken. The only independent witness was disbelieved and was held to be a stock police witness by the trial court. Despite a finding of defective investigation, the High Court set aside the acquittal holding the trial court judgment to be perverse.
Drafted By Abhijit Mishra