NDPS Act | Correctness Of Recovery, Arrest Memos Must Be Tested At Trial, Not In Writ: Rajasthan High Court

While rejecting a quashing petition in relation to an NDPS case rested upon the disputed authenticity and credibility of seizure and arrest memos, the Rajasthan High Court held that such aspects pertaining to credibility, trustworthiness and evidentiary value of the documents prepared during investigation could not be conclusively adjudicated in writ jurisdiction. The bench of Justice Farjand Ali opined that as per judicial propriety where the trial was underway, higher courts ought to refrain from recording definitive findings on factual controversies that were sub-judice. Any interference amounted to disrupting procedural sanctity of trial and could prejudice either of the parties. The petitioner who was arrested in an NDPS case, had filed the petition contending that he was arrested from his own residence, and was taken to the place from where the contraband was seized. It was submitted that he had no nexus to that place, and the entire case was fabricated. After hearing the contentions, the Court held that, “The petitioner, in essence, seeks pre-trial adjudication of disputed questions of fact by inviting this Court to test the veracity of the prosecution case, particularly on the premise that the recovery is fabricated and that he was unlawfully detained prior to the alleged seizure….These aspects pertain to the credibility, trustworthiness, and evidentiary value of the documents prepared during investigation, which cannot be conclusively adjudicated in writ jurisdiction without a detailed evidentiary inquiry.”The Court made a reference to the Supreme Court case of State of Rajasthan v Swarn Singh, to highlight that right of the accused to rely on material to support his defence did not arise at the pre-trial or charge stage, but only during the stage of defence evidence. Permitting the accused to invoke defence material prematurely would be contrary to the scheme of criminal trial. In this light, the Court observed that determining correctness of recovery memo, arrest memo, or sequences of events, at the interlocutory stage amounted to pre-empting the trial and rendering findings on disputes factual issues, was neither permissible nor desirable in writ jurisdiction. Accordingly, the petition was dismissed. Title: Vijay Meena v State of Rajasthan & Ors. Citation: 2026 LiveLaw (Raj) 146Click Here To Read/Download Order

NDPS Act | Correctness Of Recovery, Arrest Memos Must Be Tested At Trial, Not In Writ: Rajasthan High Court

Nupur Agrawal

Tags