Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Hyder v. State of Kerala, is about to examine whether a subsequent change in law can be a ground for condoning delay or to disturb the acquittal finding.

What was the Background of Hyder v. State of Kerala Case?

• In this case, the petitioner who faced prosecution in Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) case was acquitted on 10^th December 2018 by the Trial Court.
• The acquittal was based on the law declared by the SC in the case of Mohan Lal v. State of Punjab (2018).
• Before the High Court of Kerala, an appeal was filed against this acquittal.
• Before the HC, the Prosecution submitted that the law established in Mohan Lal v. State of Punjab (2018) was overruled in Mukesh Singh. v. State Narcotic Branch of Delhi (2020).
• The HC, condoning the huge delay of 1148 days, has decided to consider the Prosecution’s appeal, on merit.
• Thereafter, a Special Leave Petition (SLP) was filed in the SC against the order of the HC.
• The SC issued a notice returnable in six weeks while staying the further proceedings.

What were the Court’s Observations?

• Relying on the dictum laid down in the case of Mohan Lal v. State of Punjab (2018), the Trial Court held that it is well settled that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. It is axiomatic that justice must not only be done but must appear to be done also.
  • In Mohan Lal v. State of Punjab (2018), the SC has categorically held that the informant and the investigator in NDPS cases must not be the same person. It was also held that when the investigation is conducted by the police officer who himself is the complainant, the trial is vitiated, and the accused is entitled to acquittal. The law established in this case was overruled in Mukesh Singh. v. State Narcotic Branch of Delhi (2020).
  • In Mukesh Singh. v. State Narcotic Branch of Delhi (2020), the Supreme Court held that NDPS Act does not specifically bar the informant/complainant to be an investigator and officer in charge of a police station for investigating the offences under the NDPS Act.

What is Narcotic Drugs and Psychotropic Substances Act, 1985?

• With the aim of prohibiting the production, manufacturing, cultivation, possession, sale, purchasing, transport, storage, and consumption of any narcotic drug or psychotropic substance, this Act came into force on 14^th November 1985.
• Since than this Act has been amended four times in 1988, 2001, 2014 and 2021.
• An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.
• According to the Act, narcotic drugs include coca leaf, cannabis (hemp), opium, and poppy straw and psychotropic substances include any natural or synthetic material, or any salt or preparation protected by the Psychotropic Substances Convention of 1971.
• All the offences under the NDPS Act are non-bailable.