NDPS: Absence of Independent Witnesses, Section 52A Lapses Not Fatal if Recovery & Conscious Possession Established — Supreme Court

This article covers a Supreme Court judgment in an NDPS case where the Court held that procedural lapses, such as absence of independent witnesses or minor non-compliance with Section 52A of the NDPS Act, do not automatically render the prosecution’s case unsustainable if the seizure, recovery and conscious possession of contraband are satisfactorily established. The judgment emphasises that the object of the NDPS Act is to eradicate narcotics trafficking and strict compliance should be balanced with substantive justice. The Court explained that the absence of independent witnesses or failure to strictly follow Section 52A formalities may be considered in the backdrop of totality of evidence, conduct of accused, and other safeguards, and should not lead to automatic acquittal where guilt is established beyond reasonable doubt.