Introduction
The case of Ajay Kumar Gupta v. Union of India centers
on the application of the Narcotic Drugs and Psychotropic Substances (NDPS)
Act. The Supreme Court set aside the conviction of Ajay Kumar Gupta (the
appellant), who was accused of conspiring to transport psychotropic substances.
This case highlights crucial legal issues, including the reliance on
confessions under Section 67 of the NDPS Act and the burden of proving
conspiracy in drug-related offences.
Factual Background
The case arose from the seizure of a consignment containing
pentazocine, a psychotropic substance, which was being transported via railway
parcel. The Narcotics Control Bureau (NCB) apprehended accused No. 1, who had
booked the consignment. The appellant, Ajay Kumar Gupta, who ran a medical
store, was accused of supplying the contraband to accused No. 1.
The prosecution's case was largely built upon the statements
made by the accused under Section 67 of the NDPS Act, which allows officers to
record confessions during investigations. Accused No. 1 stated in his Section
67 statement that he had purchased the contraband from the appellant. The
appellant's own Section 67 statement revealed that accused No. 1 had come to
his shop and requested 40 cartons of Fortwin injections, a drug containing
pentazocine. Based on these statements, the Special Court convicted the
appellant and sentenced him to 10 years of rigorous imprisonment under Sections
22(c) and 29 of the NDPS Act, along with a fine of Rs. 1,00,000.
Issues Raised Before the Supreme Court
Ajay Kumar Gupta challenged the conviction before the Supreme
Court, raising several key contentions:
1. Admissibility
of Confessions under Section 67
The appellant argued that the
statements recorded under Section 67 of the NDPS Act were not admissible in
evidence, as per the Supreme Court's ruling in Tofan Singh v. State of
Tamil Nadu (2021) 4 SCC 1. He contended that his conviction was largely
based on these inadmissible statements.
2. Lack of
Evidence of Conspiracy
The appellant asserted that there was no evidence to prove
that he had conspired in the transportation of the contraband. He argued that
the prosecution had failed to establish that the contraband in the consignment
booked by accused No. 1 had been supplied by him.
3. Non-Examination
of Crucial Witnesses
The appellant pointed out that the prosecution had not
examined the person who allegedly transported the contraband from accused No. 3
to his medical store, which was a critical gap in the prosecution's case.
The Prosecution's Argument
The respondent (Union of India) defended the conviction,
arguing that the appellant had indeed supplied 30 cartons of Fortwin injections
to accused No. 1, as substantiated by invoices. They contended that the
involvement of the appellant in the transaction was well established by
documentary evidence and that the appellant had conspired in the transportation
of the psychotropic substance.
Supreme Court's Findings
After hearing both parties, the Supreme Court concluded that
the prosecution had failed to prove its case beyond a reasonable doubt. The
bench, comprising Justices Abhay S Oka and Augustine George Masih, made the
following key observations:
· The Court
found that there was no incriminating material recovered from the appellant,
nor was there any evidence to show that the contraband booked by accused No. 1
was delivered by or on behalf of the appellant. The Court emphasized that mere
suspicion or association was not sufficient to establish a conspiracy under
Sections 22(c) and 29 of the NDPS Act.
· The Court
relied on the landmark judgment in Tofan Singh v. State of Tamil Nadu,
where it was held that confessional statements recorded under Section 67 of the
NDPS Act cannot be used as evidence during the trial. Since the appellant's
conviction was largely based on these statements, the Court refused to consider
them as admissible evidence.
· Another
significant flaw in the prosecution's case was the failure to examine the
person who had allegedly transported the contraband from accused No. 3 to the
appellant. The High Court had previously noted that the testimony of this
transporter was crucial to establishing the appellant's involvement. The
Supreme Court held that by withholding this key evidence, the prosecution had
failed to discharge its burden of proof, and an adverse inference was drawn
against the prosecution.
· The Court
further observed that the prosecution had not presented any direct or
circumstantial evidence to link the appellant to the crime. The Court noted
that while accused No. 1 was clearly involved in the transportation of the
psychotropic substance, there was no evidence to show that the appellant had
conspired in the same act.
Legal Significance
The judgment in Ajay Kumar Gupta v. Union of India
reinforces several critical principles in criminal law, especially in the
context of NDPS cases:
- Strict
Adherence to Procedural Requirements: The case
underscores the importance of adhering to procedural requirements in NDPS
prosecutions. The failure to examine crucial witnesses and the reliance on
inadmissible confessional statements weakened the prosecution's case
significantly.
- Inadmissibility
of Section 67 Statements: The ruling reaffirms the
principle that statements made under Section 67 of the NDPS Act cannot be
used as confessions in a trial. This principle has become a cornerstone of
NDPS jurisprudence, ensuring that confessions extracted under duress or
without proper safeguards do not form the basis for convictions.
- Burden
of Proof in Conspiracy Cases: The judgment clarifies
that in conspiracy cases, mere suspicion or circumstantial evidence is not
sufficient to sustain a conviction. The prosecution must provide concrete
evidence linking the accused to the criminal conspiracy.
This case serves as a reminder to law enforcement agencies and
prosecutors that they must build their cases on solid legal evidence, and
courts must be vigilant in ensuring that the rights of the accused are
protected in accordance with the law.
Conclusion
The Supreme Court held that the prosecution had not been able
to establish the appellant's guilt beyond a reasonable doubt. The Court
emphasized that in criminal cases, the burden of proof lies with the
prosecution, and it must be discharged fully and convincingly. Since the
prosecution had failed to meet this standard, the appellant was entitled to the
benefit of the doubt.
Accordingly, the Court allowed the appeal and set aside the
conviction and sentence of Ajay Kumar Gupta. The impugned judgment of the High
Court was quashed, and the appellant was acquitted of all charges under the
NDPS Act.
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