It is trite law that unless a fact is discovered on basis of statement made by the accused, the same is legally inadmissible under Sec. 27 of Evidence Act: Delhi High Court discharges woman in drug trafficking case due to lack of evidence
Justice Amit Mahajan [01-07-2024]

Read Order: MAMTA SAPRA v. THE STATE GOVT OF NCT OF DELHI [DEL HC- CRL.REV.P. 294/2023]
LE Correspondent
New Delhi, July 12, 2024:The Delhi High Court has set aside charges against a woman who was allegedly involved in a drug trafficking case. The court found that there was insufficient evidence to link her to the alleged offenses under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The case involved the recovery of 500 grams of heroin from two co-accused individuals, Nitin and Dineshpal, in October 2021. The prosecution relied on the disclosure statements of the co-accused, claiming that Mamta Sapra was involved in the drug trafficking operation. It was alleged that she used to procure heroin from Dineshpal and that Nitin supplied the drug to her customers for a monthly payment of Rs. 30,000.
However, Justice Amit Mahajan of the Delhi High Court observed that the prosecution's case against Mamta Sapra was primarily based on the disclosure statements of the co-accused, which are legally inadmissible as evidence under Section 27 of the Indian Evidence Act, 1872, unless a fact is discovered based on the accused's statement.
The high court noted that apart from the disclosure statements, no other material was placed on record by the prosecution to support the allegations against Mamta Sapra. No recovery of contraband was made from her possession. Although the prosecution relied on call detail records (CDR) to show regular contact between the accused persons, no recorded conversations were provided to substantiate her involvement.
Justice Mahajan emphasized that while the allegations raised suspicion, they did not amount to grave suspicion, which is necessary for framing charges against an accused. The court stated that if two views are possible and one only gives rise to suspicion, the accused should be discharged.
Consequently, the Delhi High Court allowed Mamta Sapra's petition, set aside the charges framed against her by the trial court, and discharged her from the case.
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