| CITATION | AIR 2009 SC 1357 |
| DATE OF JUDGMENT | 7th September, 2008 |
| COURT | The Supreme Court of India |
| APPELLANT | Sami Ullaha |
| RESPONDENT | Superintendent, Narcotic Central Bureau |
| BENCH | S.B. Sinha and Cyriac Joseph, JJ. |
INTRODUCTION
The case of Sami Ullaha vs. Superintendent Narcotic Central Bureau revolves around the issue of bail cancellation based on conflicting reports from different laboratories regarding the composition of a seized substance. The appellant, Sami Ullaha, had been granted bail, but the bail was subsequently cancelled following a report from the Central Revenue Control Laboratory, New Delhi, indicating the presence of heroin in the seized material.
The case raises questions about the reliability of evidence, the legal provisions governing bail in drug-related offenses, and the rights of the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985. The conflicting reports and the implications for the appellant’s legal standing form the crux of the legal dispute.
FACTS
On or about 14.08.2004, the luggage of two individuals, Abdul Munaf and Zahid Hussain, was searched, and contraband weighing 2 kgs, believed to be heroin, was recovered. The accused persons stated that the contraband was meant to be delivered to the appellant.
Based on the statements of the accused individuals, the appellant was arrested on 15.08.2004. However, no contraband was recovered from the appellant himself. The appellant allegedly made a statement under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act). He later retracted this statement, claiming it was obtained forcibly.
The seized articles were sent for chemical examination, and a report from the Government Opium and Alkaloid Works, Neemuch, initially stated that the sample did not contain any contraband substance. Subsequently, a second report obtained by the respondent from the Central Revenue Control Laboratory, New Delhi, indicated that the seized substance was heroin. This led to the cancellation of bail granted to the appellant on 15.03.2005.
The appellant filed a revision application before the High Court, which was dismissed, leading to the appeal before the Supreme Court of India. The appellant contended that there was no justification for the cancellation of bail, and the requirements under Section 439(2) of the Code of Criminal Procedure were not fulfilled.
The appellant also argued that a confession made under Section 67 of the Act could not be the sole basis for a judgment of conviction, even if retracted.
ISSUES RAISED
The main issue in the case of Sami Ullaha vs. Superintendent Narcotic Central Bureau was whether the bail granted to the appellant could be cancelled based on a report indicating the presence of heroin in the seized substance.
CONTENTIONS BY THE APPELLANT
The appellant argued that there was no justification for the cancellation of bail that had been previously granted. They contended that the bail should only be cancelled if the requirements under Section 439(2) of the Code of Criminal Procedure were fulfilled.
The appellant raised concerns about the reliability and admissibility of the confession made under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, claiming that it was obtained forcibly and retracted later.
It was emphasized that the initial report from the Government Opium and Alkaloid Works, Neemuch, did not find any contraband substance in the seized material, and therefore, the bail cancellation was unwarranted.
CONTENTIONS BY THE RESPONDENT
The respondent argued for the cancellation of bail based on the report from the Central Revenue Control Laboratory, New Delhi, which indicated the presence of heroin in the seized substance. They contended that this report provided grounds for cancelling the bail granted to the appellant.
The respondent highlighted the serious nature of the charges against the accused persons, the potential punishment involved, and the provisions under the Narcotic Drugs and Psychotropic Substances Act, 1985, which restrict bail in certain circumstances.
It was asserted that the conflicting reports from different laboratories necessitated a closer examination at trial, and the second report indicating the presence of heroin should be given due consideration in the legal proceedings.
JUDGEMENT
In the case of Sami Ullaha vs. Superintendent Narcotic Central Bureau, the court considered the conflicting reports from different laboratories regarding the composition of the seized substance and the implications for the bail granted to the appellant. The court also examined the reliability of the confession made by the appellant under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The court ultimately upheld the cancellation of bail granted to the appellant based on the report from the Central Revenue Control Laboratory, New Delhi, indicating the presence of heroin in the seized substance. The court found that the serious nature of the charges, the potential punishment involved, and the provisions under the Narcotic Drugs and Psychotropic Substances Act, 1985, justified the cancellation of bail in this case.
Furthermore, the court emphasized the need for a closer examination of the conflicting reports at trial and the importance of protecting the rights of the accused, particularly under Article 21 of the Constitution of India. The court’s decision highlighted the complexities of the case, the legal considerations involved in bail cancellation, and the significance of evidence in determining the outcome of the proceedings.
Overall, the court’s judgment favored the cancellation of bail based on the report indicating the presence of heroin, while acknowledging the need for a fair trial and the protection of the appellant’s rights throughout the legal process.
CONCLUSION
In conclusion, the case of Sami Ullaha vs. Superintendent Narcotic Central Bureau involved complex legal issues surrounding the cancellation of bail granted to the appellant based on conflicting reports from different laboratories regarding the composition of the seized substance. The court considered the reliability of the confession made by the appellant under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the implications of the reports on the legal proceedings.
Ultimately, the court upheld the cancellation of bail, citing the report from the Central Revenue Control Laboratory, New Delhi, indicating the presence of heroin in the seized substance as a significant factor. The court emphasized the seriousness of the charges, the potential punishment involved, and the provisions under the relevant legislation as grounds for the bail cancellation.
While acknowledging the need for a fair trial and the protection of the appellant’s rights, the court’s decision favored the cancellation of bail in light of the conflicting evidence and legal considerations. The case highlighted the complexities of handling drug-related offenses, the importance of evidence in legal proceedings, and the balancing act between protecting the rights of the accused and upholding the law.
REFERENCE
- Manupatra
- https://indiankanoon.org
This Article is written by Akanksha Mishra student of CPJ CHS & SoL, GGSIPU; Intern at Legal Vidhiya.
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