In Brief
In this drug trafficking case, the Supreme Court reversed the High Court's order for re-trial, setting aside convictions based on alleged procedural defects in handling electronic evidence. The appellant was convicted under the NDPS Act for possessing 39 kg of ganja. While the High Court criticized the trial court for not playing the video during witness testimony and not examining the chemical examiner, the Supreme Court held that once electronic evidence meets Section 65B requirements (including creator's certificate), it is admissible without needing transcription or witness-by-witness explanation. The Court ruled that re-trial should be reserved for exceptional circumstances causing real miscarriage of justice, not mere procedural lapses. It restored both appeals for the High Court's fresh decision on merits within six months.
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