Supreme Court: In a case where, on apprehending the accused, while making search of the motor cycle, 900 gm of smack was seized, the bench of Indira Mukherjee and JK Maheshwari, JJ had gone through a number of decisions on the f Narcotic Drugs and Psychotropic Substance Act and has reiterated certain principles relating to the degree of proof in such cases.

  • When the seizure of the vehicle is proved beyond reasonable doubt, the question of ownership of vehicle is not relevant. [1]
  • When the seizure of material is proved on record and is not even disputed, the entire contraband material need not be placed on record.[2] if seizure is otherwise proved and the samples taken from and out of contraband material were kept intact; the report of forensic expert shows potency, nature and quality of contraband material, essential ingredients constituting offence are made out and the non­production of contraband in the Court is not fatal.[3]
  • Merely because independent witnesses were not examined, the conclusion could not be drawn that accused was falsely implicated.[4]

In the present case, the appellant was unable to show any deficiency in following the procedure or perversity to the findings recorded by the Trial Court, affirmed by the High Court. Hence, looking to the facts of the present case, it was held that the findings concurrently recorded by the Courts holding the accused guilty for the charges and to direct him to undergo sentence as prescribed, did not suffer from any perversity, illegality, warranting interference by the Supreme Court.

[Kallu Khan v. State of Rajasthan, 2021 SCC OnLine SC 1223, decided on 11.12.2021]


For appellant: Senior Advocate C.N. Srieekumar

*Judgement by: Justice JK Maheshwari

[1] Rizwan Khan v. State of Chhattisgarh (2020) 9 SCC 627

[2] State of Rajasthan v. Sahi Ram (2019) 10 SCC 649

[3] Than Kumar v. State of Haryana (2020) 5 SCC 260

[4] Surinder Kumar v. State of Punjab (2020) 2 SCC 563

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