900 Grams of Smack

24.04.2011 – Kallu Khan, riding an unnumbered motorcycle, turned back and tried to run away. Suspecting his conduct, he was apprehended and questioned. Eventually, a polythene bag, containing a brown substance resembling and confirmed to be smack, weighing 900 grams, was found in Kallu’s motorcycle.

It was contended, motorcycle seized in commission of offence does not belong to Kallu. Its seizure from him is proved beyond reasonable doubt. Therefore, question of ownership of vehicle is not relevant. Three-Judge Bench in Rizwan Khan v. State of Chhattisgarh, (2020) 9 SCC 627 observed, ownership of vehicle is immaterial.

State of Rajasthan v. Sahi Ram, (2019) 10 SCC 649 held, when seizure of material is proved on record and is not even disputed, entire contraband material need not be placed on record [Than Kumar v. State of Haryana, (2020) 5 SCC 260]. It is settled, in case of personal search only, Section 50 of The NDPS Act, 1985 is required to be complied with but not in case of a vehicle [State of Punjab v. Baljinder Singh, (2019) 10 SCC 473]. Surinder Kumar v. State of Punjab, (2020) 2 SCC 56 held, merely because independent witnesses were not examined, conclusion could not be of false implication.

Kallu Khan has already served sentence so awarded and released after deposit of amount of fine. No further directions need be issued.

Hon’ble Justice J.K. Maheshwari, Kallu Khan v. State of Rajasthan, [Criminal Appeal No. 1605 of 2021].