Trial Court's Plausible View Stands: Rajasthan High Court Upholds 1996 NDPS Acquittal in Opium Case

On prior information, a raiding party apprehended Suraj Dass and allegedly recovered opium from him; investigation alleged that Shanker Lal had supplied it (para 3). On 09.08.1996 the Judge, NDPS Act Cases, Chittorgarh acquitted both of charges under Sections 8/18 and 8/29, and the State appealed with leave (paras 1, 3). As the respondents had long been unrepresented, the Court appointed an amicus curiae (para 2). The State said recovery, sealing and Section 42 and 50 compliance were proved (para 4). The amicus pointed to contradictions, no independent witnesses, an unproved chain of custody, doubtful Section 42 and 50 compliance and unproved conscious possession (paras 5-5.3).

The Court found that the trial court had evaluated the evidence in a detailed and analytical way, and that its findings rested on a proper appreciation of material contradictions, procedural lapses and evidentiary deficiencies (para 6). In an appeal against acquittal the presumption of innocence is further reinforced; interference is warranted only where the trial court's findings are perverse or result in a miscarriage of justice, and where two views are reasonably possible, the one favourable to the accused must be adopted (para 6.1). The trial court's view was not merely possible but plausible and legally sustainable: the prosecution had not established its case with the certainty the law requires, particularly given the stringent nature of the NDPS Act and its mandatory safeguards (para 6.2). The judgment does not discuss the individual grounds separately. It found no illegality, perversity or material irregularity in the acquittal (para 7).