Supreme Court Acquits Man in Drug Trafficking Case Due to Lack of Evidence

In a significant legal development, the Supreme Court has acquitted Ajay Kumar Gupta in a drug trafficking case, citing a lack of legal evidence linking him to the contraband or any conspiracy. This decision overturns the previous convictions by the Trial Court and High Court.

A bench of Justices Abhay S Oka and Augustine George Masih examined the case and determined that the evidence against Gupta was insufficient. The central issue was that the prosecution failed to establish beyond a reasonable doubt that Gupta was involved in the transportation or supply of the contraband, or in any criminal conspiracy.

The Supreme Court’s ruling noted that the Trial Court and High Court had erroneously relied on Gupta’s statement under Section 67 of the NDPS Act. This statement, according to the Supreme Court’s earlier judgment in *Tofan Singh v. State of Tamil Nadu* (2021), was not admissible as evidence.

The bench highlighted that no incriminating material was recovered from Gupta, nor was there evidence showing that the contraband transported by accused no 1 via railway parcel was delivered by or on behalf of Gupta. Additionally, there was no evidence of any conspiracy involving Gupta.

The court also observed that the High Court had noted the absence of testimony from a crucial witness, the transporter, who was supposed to prove that the consignment containing contraband was delivered to Gupta’s shop by accused no 3. The prosecution’s failure to produce this witness led to an adverse inference against them.

The Supreme Court further pointed out that accusations against Gupta, based on the statement of accused no 1 under Section 67 of the NDPS Act, were unsupported by further investigation. The court emphasised that the consignment, booked by accused no 1, was not linked to Gupta beyond the claim of purchasing Fortwin injections, which was not substantiated by evidence.

The case unfolded after the Narcotics Control Bureau (NCB) received secret information on December 21, 2013, about a consignment of pentazocine (Fortwin injections) intercepted from Jaswinder Singh. Singh’s statement implicated Gupta and another individual, Arun Singh, in the transaction of the contraband. However, Gupta’s defence included evidence showing he had a valid medical licence and only provided a portion of the requested consignment.

Initially, the Special Court, Vaishali, Hajipur convicted Gupta and others under Sections 22(c) and 29 of the NDPS Act. Gupta was sentenced to ten years of rigorous imprisonment and fined Rs 1,00,000. The High Court upheld this conviction, which was later challenged in the Supreme Court.

The Supreme Court’s acquittal of Gupta underscores the importance of admissible evidence and thorough investigation in drug trafficking cases. The court’s decision brings a measure of justice to Gupta, overturning the prior rulings due to procedural and evidential shortcomings.