Telangana High Court Overturns Conviction in NDPS Case

Confession Statement Found Inadmissible; Lack of Independent Evidence and Procedural Lapses Lead to Acquittal

In a significant judgment, the Telangana High Court has overturned the conviction of Jadhav Gopal, who was previously sentenced to five years imprisonment for illegal cultivation of ganja under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The judgment, delivered by Justice J. Sreenivas Rao, highlighted critical procedural lapses and the inadmissibility of confession statements made to officers empowered under Section 53 of the NDPS Act.

The case against Jadhav Gopal was based primarily on a confession statement made during a panchanama on October 2, 2009. The trial court had relied on this confession to convict Gopal, despite the absence of independent corroborative evidence such as photographs or testimony from villagers who reportedly assisted in the removal and destruction of the ganja plants.

The High Court cited Sections 25 and 26 of the Indian Evidence Act, 1872, which render confession statements to police officers inadmissible for conviction. Justice Rao referred to precedents set by the Supreme Court in Tofan Singh v. State of Tamil Nadu (2021) and Rajkumar Hariram Gameti v. State of Gujarat (2024), which affirmed that officers under Section 53 of the NDPS Act are considered "police officers" for the purposes of the Evidence Act.

Moreover, the judgment pointed out the prosecution's failure to comply with mandatory procedural safeguards under Section 42(2) of the NDPS Act. The investigating officer did not properly inform his superior officer about the illegal activities nor produced proof of compliance with the procedure, which is essential under the Act. The lack of independent evidence, coupled with procedural violations, led the High Court to find the prosecution's case unsustainable.

The acquittal is also influenced by jurisprudence from other cases such as State v. Ravi Kumar @ Toni, where similar procedural lapses resulted in acquittal. The High Court emphasized that strict compliance with statutory procedures is crucial to uphold convictions under the NDPS Act.

Justice Rao concluded that the trial court's reliance solely on the confession statement was unjustified and that the prosecution had failed to present a reliable case against the accused. Consequently, Jadhav Gopal's conviction was set aside, and he was acquitted of all charges, with his bail bonds discharged.

Bottom Line:

NDPS Act - Conviction based solely on confession statement without independent evidence is not sustainable, as confession to police officers is inadmissible under law. Non-compliance with mandatory procedural safeguards under Section 42 of NDPS Act renders prosecution's case unsustainable.

Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(i), 42(2); Indian Evidence Act, 1872 - Sections 25, 26.

Jadhav Gopal v. State of A.P., (Telangana) : Law Finder Doc Id # 2823397