Gopal Krishna Gautam alias Pandit Vs. State of Madhya Pradesh & Anr.

Madhya Pradesh High Court (Single Judge)

MISC. CRL, 31747 of 2021, Judgment Date: Jul 28, 2021

Law laid down:-

1. Sections 35, 54 and 66 under NDPS Act raise presumptions (which are rebuttable) over accused to prove his innocence, although the standard of proof required for the accused to prove his innocence is Preponderance of Probability which accused shall have to establish. NDPS Act carries reverse burden of proof under Sections 35 and 54. Noor Aga Vs. State of Punjab, (2008) 16 SCC 417 relied.

2. An initial burden exists upon the prosecution and when it stands satisfied, then legal burden would shift over accused to establish his case for innocence.

3. Meaning of Presumption as rule of evidence. Explained.

4. Statement under Section 67 of NDPS Act cannot be taken into account in order to convict an accused and enquiry under Section 67 of NDPS Act is a stage prior to investigation as per Section 53 of NDPS Act or said enquiry is distinct from the enquiry under Section 53-A of NDPS Act which is during the course of investigation of offences. Judgment of Apex Court in the case of Tofan Singh Vs. State of Tamilnadu (2021) 14 SCC 1 relied and discussed.

5. Implications of Section 27 of Evidence Act regarding discovery of information or recovery of articles/documents/ equipments are still available to trial Court to reach to the truth.

Gopal Krishna Gautam alias Pandit Vs. State of Madhya Pradesh & Anr.