Justice Prevails: Supreme Court Acquits K. Shikha Barman in NDPS Case Due to Lack of Identification.


16 April 2025 Acquittal >> Criminal Law   |   FIR >> Criminal Law   |   Investigation >> Criminal Law  

In a significant judgment delivered by the Supreme Court, Ms. K. Shikha Barman has been acquitted of charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The ruling highlights the crucial importance of proper identification of the accused by the prosecution during trial.

The case originated from an incident on March 4, 2016, when the police, acting on information, intercepted a WagonR car and seized 38.200 kgs of Ganja. Five individuals were present in the vehicle, identified as three men and two women named Seema and Preeti. Subsequently, an arrest memo was prepared, naming one of the women as Seema Choudhari, and her age was recorded as 17 years, leading to her initial production before the Juvenile Justice Board.

However, a significant discrepancy arose as the appellant, K. Shikha Barman, was ultimately prosecuted in place of Seema Choudhari. Ms. Barman’s defense rested on the assertion that she was not present in the car and was falsely implicated after being picked up while begging near the location.

 

 

During the proceedings, a bail application filed by the appellant led to an order dated September 6, 2016, wherein the Special Judge, based on a summary inquiry and documents like an Aadhar card, concluded that Seema Choudhari and Shikha Barman were the same person, and consequently rejected the bail.

However, the Supreme Court, hearing the final appeal, critically examined the evidence presented during the trial. The counsel appointed by the Supreme Court Legal Services Committee argued that the prosecution had failed to adduce any concrete evidence during the final hearing to establish that the appellant was indeed the Seema Choudhari apprehended in the WagonR. It was contended that the earlier order on the bail application was based on a preliminary inquiry without the benefit of oral evidence and could not form the sole basis for conviction.

The prosecution relied on police statements and the findings of the bail order, asserting that the order, based on documents like the Aadhar card and unchallenged by the appellant, had attained finality.

The Supreme Court, however, meticulously scrutinized the documentary evidence and the testimony of PW-5, Sub-Inspector Bhawna Tiwari, who was the key witness in the case. The court noted several crucial inconsistencies:

The First Information Report (FIR) clearly mentioned "Seema, daughter of Mohan Choudhari" as one of the occupants of the car.

All subsequent contemporaneous documents, including the medical examination memo, seizure memo, and arrest memo, consistently referred to the accused woman as Seema Choudhari. The arrest memo even recorded her age as 17 years.

None of the documents presented along with the charge sheet mentioned K. Shikha Barman as an accused.

PW-5, in her examination-in-chief, identified the two women in the car as Seema and Preeti and stated that these accused were identified by witnesses in court. However, she did not explicitly identify the appellant present in court as the same Seema Choudhari arrested on the spot.

Significantly, PW-5 admitted in her cross-examination that the initial information received did not mention Shikha Barman, and the police diary also recorded the names of the women as Seema Choudhary and Preeti Choudhary. She further acknowledged that no woman named Shikha Barman was found in the vehicle during the search, and the search panchnama did not bear the signature or thumb impression of Shikha Barman.

Crucially, during the appellant’s examination under Section 313 of the Code of Criminal Procedure, 1973, the prosecution did not even put it to her that she was the same person as Seema Choudhari arrested on March 4, 2016, thus depriving her of the opportunity to address this crucial aspect of the prosecution's case.

Based on these observations, the Supreme Court concluded that the prosecution had failed to discharge its burden of proving beyond a reasonable doubt that the appellant, K. Shikha Barman, was the same person as Seema Choudhari who was found in possession of the contraband in the WagonR car. The court explicitly stated that the order on the bail application, based on a summary inquiry, could not be treated as a final adjudication on the identity of the accused, especially in the absence of oral evidence at that stage.

In its final verdict, the Supreme Court quashed and set aside the judgments of the Trial Court and the High Court insofar as K. Shikha Barman was concerned. The appellant was acquitted of all charges, and the court ordered her immediate release from prison if she was still incarcerated.

This judgment underscores the fundamental principle of criminal jurisprudence that the prosecution bears the onus of proving the guilt of the accused, including their identity, beyond a reasonable doubt through credible evidence presented during the trial. Reliance on preliminary findings from bail proceedings, without substantive evidence during the final hearing, cannot sustain a conviction. The case serves as a reminder of the importance of meticulous investigation and accurate identification of the accused at every stage of the legal process.

Section 8, Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act - 1988  

Section 20, Narcotic Drugs and Psychotropic Substances Act - 1985  
Narcotic Drugs and Psychotropic Substances Act, 1985  

Section 313., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973