The bench comprising Justice Navin Sinha and Justice Indira Banerjee was considering an appeal challenging conviction of an accused u/s 8 and 18(b) of the Narcotic Drugs and Psychotropic Substances Act sentence the Accused to 10 years rigorous imprisonment, along with fine of Rs. 1 lakh, with a default stipulation
While considering the Appeal Hon’ble Supreme Court has observed that, though Narcotic Drugs and Psychotropic Substances Act carries reverse burden of proof, it does not absolve the prosecution from establishing a prima facie case against the accused.
While considering the contentions raised on behalf of the accused, the court in Hanif Khan @ Annu Khan vs. Central Bureau Of Narcotics observed that:
- The prosecution under the NDPS Act carries a reverse burden of proof with a culpable mental state of the accused. He is presumed to be guilty consequent to recovery of contraband from him, and it is for the accused to establish his innocence unlike the normal rule of criminal jurisprudence that an accused is presumed to be innocent unless proved guilty. But that does not absolve the prosecution from establishing a prima facie case only whereafter the burden shifts to the accused.
- Becaus there is a reverse burden of proof, the prosecution shall be put to a stricter test for compliance with statutory provisions. If at any stage, the accused is able to create a reasonable doubt, as a part of his defence, to rebut the presumption of his guilt, the benefit will naturally have to go to him.
