Informant-as-investigator and backpack recovery did not defeat the NDPS conviction; Section 50 safeguards were held inapplicable.

Mere identity of the complainant as the investigating officer does not vitiate an NDPS prosecution absent proof of actual bias or prejudice. The defence version was rejected because the alleged alternative narrative was inherently improbable, and non-examination of independent witnesses was not fatal where official witnesses were found reliable; inadmissible hearsay was excluded. Appellate interference with an acquittal is permissible where the trial court commits legal error or records perverse findings, and the High Court's reversal was upheld. Section 50 of the NDPS Act did not apply because the contraband was recovered from a backpack, not from the person of the accused, and the conviction and sentence were sustained.

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Issues: (i) Whether the investigation was vitiated because the complainant was also the investigating officer; (ii) whether the defence version and the absence of independent witnesses created reasonable doubt; (iii) whether the High Court was justified in reversing the acquittal and whether non-compliance with Section 50 of the NDPS Act affected the conviction.

Issue (i): Whether the investigation was vitiated because the complainant was also the investigating officer

Analysis: The governing principle is that the mere fact that the informant also conducted the investigation does not, by itself, vitiate the trial or the investigation. The question is one of actual bias or real likelihood of bias, to be examined on the facts of each case. A mere allegation of unfairness, without supporting circumstances showing prejudice, is insufficient to discard the prosecution case.

Conclusion: The complaint of bias was rejected, and the investigation was held not to be vitiated merely because the complainant investigated the case.

Issue (ii): Whether the defence version and the absence of independent witnesses created reasonable doubt

Analysis: The standard of reasonable doubt does not permit acceptance of fanciful or remote possibilities. The alternative story of an unknown third person carrying the contraband was found to be inherently improbable and unsupported by evidence. Non-examination of independent witnesses does not automatically entitle an accused to acquittal where the official witnesses are found reliable, and the court may rely on police testimony if it inspires confidence. The statement attributed to PW3 was also treated as inadmissible hearsay to the extent it was not based on personal knowledge.

Conclusion: The defence version was rejected and the absence of independent witnesses was held not fatal to the prosecution.

Issue (iii): Whether the High Court was justified in reversing the acquittal and whether non-compliance with Section 50 of the NDPS Act affected the conviction

Analysis: Appellate interference with an acquittal is permissible where the trial court has committed a legal error, adopted a mechanical approach, or recorded perverse findings. On the facts, the High Court was justified in reappreciating the evidence and reversing the acquittal. Section 50 of the NDPS Act was held inapplicable because the contraband was recovered from a backpack and not from the person of the accused.

Conclusion: The reversal of acquittal was upheld and the challenge based on Section 50 failed.

Final Conclusion: The conviction and sentence for possession of commercial quantity of charas were sustained, and the appeals were rejected.

Ratio Decidendi: Mere identity of the informant and investigator does not vitiate an NDPS prosecution in the absence of proven bias or prejudice, and recovery from a bag does not attract Section 50 safeguards applicable to personal search.

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