Reported by Mrinal Banik
Agartala: The Tripura High Court has set aside the acquittal of a Rajasthan resident in a 292 kg ganja seizure case and ordered a fresh trial, observing that the trial court erred in closing prosecution evidence without examining key witnesses.
A division bench of Justice T. Amarnath Goud and Justice S. Datta Purkayastha passed the order while hearing an appeal filed by the State government against the May 19, 2025 judgment of the Special Judge, Court No. 2, Khowai district.
The trial court had acquitted the accused, Jammu Baig of Rajasthan’s Ajmer district, in a case registered under Sections 20(b)(ii)(C), 25 and 29 of the NDPS Act, citing non-production of the Malkhana register and alleged non-compliance with Sections 52A and 57 of the Act.
According to the prosecution, police personnel conducting vehicle checks at Salbagan on NH-08 on March 8, 2022, intercepted a multi-axle trailer bearing Rajasthan registration number RJ-51-GA-0392 and recovered 30 packets of suspected dry ganja weighing 292 kg from concealed compartments in the trailer.
The driver and co-driver were arrested.
The state argued before the High Court that the contraband was seized following proper procedure, deposited in the NDPS godown, and later sent to the State Forensic Science Laboratory after samples were drawn in the presence of a magistrate.
The bench observed that the prosecution had established the chain of custody from seizure to destruction of the contraband and held that non-production of the Malkhana register alone was not fatal to the case.
“Non-production of the Malkhana register in court is in no way fatal to the prosecution case,” the bench observed.
The court also held that the provisions of Sections 42, 52A and 57 of the NDPS Act had been complied with. It noted that police had informed superior officers immediately after the recovery and that the seized items were photographed, sampled, and certified before a judicial magistrate.
The bench, however, found lapses in the conduct of the trial, observing that the investigating officer was not examined and key documents were not formally proved during the trial.
“The trial court committed an error in law in acquitting the accused-respondent without securing evidence from the remaining prosecution witnesses,” the court said.
Setting aside the acquittal, the High Court remanded the matter to the Special Judge (NDPS), Khowai, directing a fresh trial after examining the remaining prosecution witnesses and proving unexhibited documents in accordance with law.
The accused has been directed to surrender before the trial court on or before June 15, 2026.
