Rajasthan man's acquittal in NDPS case set aside, HC orders fresh trial

The High Court of Tripura has set aside a lower court order acquitting a Rajasthan man in a 2022 narcotics case involving the seizure of 292 kg of ganja, and remanded the matter for a fresh trial.

A division bench comprising Justices T Amarnath Goud and S Datta Purkayastha observed that a trial court cannot automatically acquit an accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act merely due to the non-appearance of a witness.

“A court cannot automatically acquit an accused under the NDPS Act merely because the witnesses did not turn up. Courts have the power to compel the attendance of witnesses using various provisions of the Criminal Procedure Code... but the learned trial court refrained from adopting such procedure and instead closed the evidence without securing evidence of the vital witnesses. This Court is of the view that the trial court had committed an error in law in acquitting the accused-respondent without securing evidence of the remaining prosecution witnesses,” the court observed.

Delivering the judgment, the High Court ordered the accused to surrender before the Khowai trial court by June 15.

The bench directed the trial court to conduct a fresh trial, allowing the prosecution to summon the remaining witnesses and place unexhibited documents on record.

The court observed that the non-production of the Malkhana (evidence room) register is not fatal to the prosecution's case if the chain of custody is otherwise established.

“Regarding non-production of the Malkhana register before the trial court during the trial, it is not necessarily fatal to the prosecution's case... if the Malkhana register has not been produced in the court, it will not make any difference because after drawing samples before the JM, 1st Class, the same were kept intact under seal and gala, and were sent to SFSL after affixing seals. SFSL received the samples intact... In view of all this, this Court is of the opinion that non-production of the Malkhana register in the court is in no way fatal to the prosecution case and the respondent is not entitled to any benefit from this lacuna,” the order added.

The accused, the driver of a multi-axle trailer, was arrested along with a co-driver on March 8, 2022, during vehicle checking at Salbagan on the Assam-Agartala National Highway. Police recovered 30 hidden packets containing 292 kg of dry ganja from the vehicle.

The Special Judge (NDPS), Khowai, acquitted Baig on May 19, 2025, of charges under Sections 20(b)(ii)(C), 25, and 29 of the NDPS Act. The lower court cited the failure to produce the Malkhana register, the non-examination of the investigating officer, and alleged procedural lapses.

The state government subsequently challenged the acquittal in the High Court.