Search and Seizure Violations and Inconsistencies in Evidence Lead to Acquittal in High-Profile Drug Smuggling Case
In a landmark judgment delivered on January 30, 2026, the Supreme Court of India acquitted Doniyar Vildanov, a Russian national, in a high-profile narcotic drugs case. The apex court overturned the decisions of both the Trial Court and the High Court, which had earlier convicted Vildanov under various sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
The case, which involved the interception of Vildanov at the Indo-Nepal border with 1.900 kg of charas allegedly found in his possession, was fraught with procedural irregularities. The Supreme Court, comprising Justices Sanjay Kumar and K. Vinod Chandran, found significant lapses in the mandatory procedures for search and seizure as prescribed under the NDPS Act. The court highlighted that the search was conducted without adhering to the statutory requirement of informing the accused of his right to be searched in the presence of a Gazetted Officer or a Magistrate.
The judgment pointed out discrepancies in the prosecution's evidence, notably the absence of proper documentation and inconsistencies in witness testimonies. The accused's passport, which showed his exit from Nepal without a corresponding entry into India, further raised doubts about the prosecution's narrative of his arrest. The court noted the failure of the authorities to mark his entry into India as a critical oversight that cast doubt on the entire case.
A particularly unusual aspect of the case was the accused's claim that the police interest in his pet dog led to a false accusation—a claim that gained some credence due to the absence of the dog's mention in the official documents. The court found this lack of documentation indicative of the inconsistencies plaguing the prosecution's case.
In its decision, the Supreme Court emphasized the importance of adhering to procedural mandates to ensure the protection of individual rights and the integrity of the criminal justice system. The judgment underscored that the failure to establish guilt beyond reasonable doubt necessitated Vildanov's acquittal. The court ordered his immediate release and directed the return of his passport.
The acquittal serves as a reminder of the critical role of procedural safeguards in criminal prosecutions, particularly in cases involving serious charges under the NDPS Act. The ruling is expected to have significant implications for future cases, reinforcing the judiciary's commitment to upholding due process and the rule of law.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8, 20, 23; Criminal Procedure Code, 1973
Doniyar Vildanov v. State of U.P., (SC) : Law Finder Doc id # 2845418
