Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act

The Gujarat High Court has affirmed the acquittal of an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on the ground that she was merely accompanying her husband and had no knowledge of contraband being carried in the bag.The Bench comprising Justice SH Vora remarked that her conscious possession as understood under the law does not surface even a reasonable doubt.The development ensued in a State-appeal, preferred against the order of Special Judge, acquitting the Accused No. 2 (wife of accused no. 1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act.Contraband weighing 7.79kg was recovered from the bag held by Accused No. 3. Subsequently, in the trial, Accused No. 3 and Accused No. 1 were found guilty under the NDPS Act while Accused No. 2 was granted benefit of doubt.Per the Complainant, the acquittal of the Accused No. 2 was bad in law and overlooked Section 67 of the NDPS Act. It was further averred that the Accused No. 2 was the wife of Accused No. 1 and used to travel with him and had stayed together with the other Accused and therefore, the culpability presumption was triggered under Section 35 of the NDPS Act.Section 35 provides for "Presumption of culpable mental state".However, noting that the Accused No. 1 and 2 did not hold the bag and were not found with anything incriminating, the Bench concluded that the wife was merely a companion and not an accomplice in the crime.It noted,"No doubt, the moment the person had intention or knowledge of the fact, he or she is said to have culpable intention. In a case on hand, accused No.3-Imtekhab was holding the bag with key. As deposed by PW 2, he did not part with the key and therefore the Officer broke open the lock and thus respondent No.2 being companion of her husband and except for her presence as her husband's companion right from the receipt of information, her conscious possession as understood under the law does not surface even reasonable doubt. No any call details prior to and after the incident is placed on record between accused No.3-Imtekhab and respondent No.2."Hence, the High Court held that the Trial Court rightly acquited the Accused no. 2 by granting her benefit of doubt. It further remarked: "Lastly, the submissions based on confessional statement of respondent No.2 so as to implicate her in offence which needs not to be taken any further in light of a decision rendered in case of Tofan Singh VS State of Tamil Nadu, (2014 1 Crimes(SC) 42), because the confessional statement is recorded when respondent No.2 was in custody and therefore, it being the weak piece of evidence and in absence of any corroborative evidence, no reliance can be placed upon such statement and thus the learned trial Judge has rightly done so." Placing reliance on Ramesh Babulal Doshi V. State of Gujarat (1996) 9 SCC 225, the Bench stated that it was a cardinal principle of criminal jurisprudence that in an acquittal appeal if other view is possible, then also, the appellate Court cannot substitute its own view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, contrary to the material on record, palpably wrong, manifestly erroneous or demonstrably unsustainable. Accordingly, keeping in view the precedents and the scope of appeal under Section 378 of the CrPC, the Bench refused to interfere with the order of the acquittal and dismissed the appeal. Case Title: UNION OF INDIA THRO AMITKUMAR, INTELLIGENCE OFFICER OR HIS SUCCESSOR IN OFFICE Versus STATE OF GUJARAT Case No.: R/CR.MA/1478/2022Click Here To Read/Download Order

Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act

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