1999 (8) TMI 970 - SC - Indian Laws

Supreme Court Upholds Drug Charges, Rejects Discharge Plea

UMAR ABDUL SAKOOR SORATHIA Versus INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU

The Supreme Court dismissed the appellant's plea for discharge under Section 227 of CrPC, affirming the High Court's decision to quash the Special Court's ... - Issues:Appellant's plea for discharge under Section 227 of CrPC, High Court's order quashing the Special Court's decision, lack of sanction under Section 188 of CrPC, admissibility of documents, identification evidence through photo, involvement in criminal conspiracy, interpretation of Sections 23 and 29 of NDPS Act, framing of charges under Section 29 read with Section 23.Analysis:The appellant, a former honorary officer in the Consulate of Liberia at Mozambique, faced a charge under Section 29 of the NDPS Act before a Special Court in Chennai after being linked to a significant drug consignment intercepted in Swaziland. The High Court dismissed his plea for discharge under Section 227 of CrPC, which was based on the absence of sanction under Section 188 of CrPC. The appellant's reliance on communications from Mozambique Police and South African Police Service was rejected by the High Court and Supreme Court, emphasizing that such opinions do not preclude Indian investigators from reaching their conclusions independently.The prosecution alleged that the appellant conspired with others to export the contraband, highlighting incriminating circumstances such as the involvement of fictitious companies and the appellant's role as the Chairman of a clearing agency. The identification of the appellant by a witness through a photo was contested, but the courts found no legal impediment to its admissibility, distinguishing it from a previous case concerning a proclaimed offender. The defense argued that the circumstances did not conclusively prove the appellant's involvement in the conspiracy, but the courts disagreed, emphasizing the need to establish guilt during trial.Interpretation of Sections 23 and 29 of the NDPS Act was crucial, with Section 29 dealing with abetment and criminal conspiracy. The courts held that at the stage of framing charges, the focus is on whether there is a probable consequence of the offense being committed, rather than establishing guilt beyond doubt. Citing previous judgments, the courts emphasized that the probative value of evidence at this stage is not scrutinized, and charges can be framed based on the materials presented by the prosecution.Ultimately, the Supreme Court dismissed the appeal, affirming the decisions of the trial court and the High Court regarding the framing of charges under Section 29 read with Section 23 of the NDPS Act. The trial court was directed to proceed with the case without being influenced by any prior observations made by the High Court or the Supreme Court.