NDPS Trial is not vitiated merely because the ownership of the vehicle from which the contraband was seized is not established: Supreme Court of India - Synopsis
Nilanjana Ganguly 15 Sep 2020

The Supreme Court of India says that ownership of a vehicle is not necessary to get established if contraband is found in the vehicle, it directly forms a case under the NDPS Act. Justice  Ashok Bhushan, Justice MR Shah and Justice R Subhash Reddy said that ownership is not necessary, only the articles of contraband are required to be found and the commission of an offence under NDPS Act. Court made an emphasis on the point that examination of qualified witnesses is not an obligatory condition, and such non-examination is not necessarily fatal to the prosecution.

An appeal came before the Supreme Court which was filed by a convict Rizwan Khan who was booked under section 20 (b)(ii)(B) of NDPS Act,1985 and was dismissed by the High Court of Chattisgarh. Supreme Court said that police witness or documents cannot be rejected even if there are no individual witness to the case. 

The ownership of the vehicle stands immaterial to cases where the laws and rules of the NDPS Act are violated and cases can be registered without finding the owner of the particular vehicle. The trial of the case must not get hampered because the ownership of the car is not established. 


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