Appalents examination not conducted as per procedure: Supreme court acquits accused
Title: NABABUDDIN @ MALLU @ ABHIMANYU V STATE OF HARYANA
Citation: CRIMINAL APPEAL NO. 2333 OF 2010
Dated on: 24.11.2023
Corum: HON’BLE JUSTICE Abhay S. Oka & JUSTICE PANKAJ MITHAL
Facts of the case
In the present case the appellant, Nababuddin alias Mallu alias Abhimanyu, was convicted, together with two co-accused, of possessing 205 kilograms of poppy straw without a licence or permit, a violation of Section 15 of the NDPS Act. The High Court upheld the conviction. The appellant claimed he was a rickshaw puller and had nothing to do with the illicit packages. He said that he went to the railway station to inquire about his co-accused Rahish, who had gone to inquire about the goods on behalf of the owner. He also stated that the railway receipt for the parcels was not in his name, and this fact was not brought to his attention during his examination under Section 313 of CrPC.
Legal provision
In the present case, the accused evidence was not taken as per sec 313 of CrPc which states that According to this section, the accused has the right to be questioned by the court after the prosecution has concluded its case, and to clarify any event included in the evidence against him or her. The part also establishes the norms and standards for conducting such an examination.
Court analysis and judgement
The Supreme Court granted the appeal and acquitted the appellant. The Court ruled that the appellant’s investigation under Section 313 of CrPC did not include the two substantial circumstances charged against him: that the railway receipt was in his name and that he inquired about the shipments. The Court recognized that this was a severe anomaly that jeopardized the appellant’s defence. The Court further noted that there was no other evidence linking the appellant to the offense.
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Written by- Namitha Ramesh