In Brief
The Supreme Court allowed an appeal against conviction under the Narcotic Drugs Act where the High Court had reversed the trial court's acquittal. The trial court had acquitted the appellant because the prosecution failed to produce documentary evidence (a Magistrate's order or Malkhana register entry) showing that the 7.4 kg of opium allegedly seized was produced before the Magistrate or stored in evidence custody. Though police witnesses gave oral testimony of production before the Magistrate, the Court held that mere oral evidence without corroborating documentary proof is insufficient in NDPS prosecutions. The Court emphasized that when trial courts carefully examine records and find no supporting documents, appellate courts should not overturn acquittals based on re-appreciation of oral evidence alone.
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