Not Fair Trial, Police Failed To Communicate With Accused Who Was Of Kenyan Origin: Punjab & Haryana High Court Quashes Conviction In Drugs Case

Observing that "it cannot be stated that fair trial has been conducted", the Punjab & Haryana High Court has set aside the conviction of a Kenyan woman in a drugs case after it found that she did not understand the language in which police communicated with her.Justice Deepak Gupta said, "It cannot be stated that fair trial has been conducted. Observing that "it cannot be stated that fair trial has been conducted", the Punjab & Haryana High Court has set aside the conviction of a Kenyan woman in a drugs case after it found that she did not understand the language in which police communicated with her. "Even Inspector Onkar Singh Brar, the IO of the case, during his deposition pleaded ignorance about the language known to the accused and thus, fair trial has not been ensured in this case," said the Court. Consequently, the Court opined that when there is complete non-compliance of Section 50 of the NDPS Act and numerous material contradictions have surfaced in the statements of material witnesses of the prosecution creating doubt about the truthfulness of the prosecution case, "the conviction of the appellant-accused as recorded by the trial court, cannot be sustained in the eyes of law."