Supreme Court acquits man in NDPS case nearly 11 years after he was booked.
The top court overturned the man's conviction in a 2013 case, involving allegations that 30 cartons of Pentazocine (a painkiller) were transported without a licence.
The Supreme Court on Thursday acquitted a man who was booked nearly 11 years ago in a case filed under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) [Ajay Kumar Gupta v. Union of India].
A Bench of Justices Abhay S Oka and Augustine George Masih noted that there was nothing to indicate the man's involvement in an alleged plot to transport 30 cartons of Fortwin injections (Pentazocine, a painkiller) without a licence.
"There is no recovery from the appellant of any incriminating material. There is no evidence to show that the contraband tried to be transported by accused no.1 by railway parcel was delivered by or on behalf of the appellant to accused no.1. There is no evidence of any conspiracy against the appellant. Therefore, the respondent has not established the offences punishable under Sections 22(c) and 29 of the NDPS Act against the appellant beyond a reasonable doubt," the Court said.
The appellant had been accused of handing over 30 cartons of Pentazocine to a co-accused, which was then sought to be transported across State lines.
The appellant was running a medical shop in Patna when the first accused allegedly approached him to place an order for 40 cartons of pentazocine (Fortwin injections).