Supreme Court To Examine Whether Subsequent Change In Law Can Be Ground For Reconsidering Acquittal: Stays Proceedings In Appeal Against Acquittal

The Supreme Court is set to examine the question of whether a subsequent change in the law can provide grounds for reconsidering an acquittal and reviewing the case on its merits when the accused has been acquitted based on a legal precedent that was subsequently overruled or amended.

The Bench of Justice Hrishikesh Roy and Justice Sanjay Karol were dealing with a Special Leave Petition which challenged an order of the Kerala High Court which not only condoned the huge delay of 1148 days but also decided to consider the Prosecution’s appeal, on merit, challenging the acquittal of an accused in Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) case.

Advocate-on-Record Ritesh Kumar Chowdhary along with Advocate Niyas Valiyathodi appeared for the Petitioner.

The Petitioner, vide an order dated December 10, 2018, was acquitted by the Special Court based on the law declared by the Apex Court in Mohan Lal vs. the State of Punjab reported in (2018) 17 SCC 627. However, because of the change of law declared in Mukesh Singh vs. State (Narcotic Branch of Delhi) reported in (2020) 10 SCC 120, also rendered by the Supreme Court, the prosecution filed an appeal after a delay of 1184 days to challenge the acquittal order.

In Mohan Lal's case, the Supreme Court had in 2018 held that in the case where the investigation is carried out by the same police officer who serves as the complainant, the trial is considered compromised, leading to the entitlement of the accused to acquittal.

Later, in the year 2020, the Supreme Court in the case of Mukesh Singh held that the prior Supreme Court rulings, which concluded that a trial was compromised and the accused deserved acquittal due to the dual roles of the complainant and the investigating officer being the same, should be regarded as specific to their particular circumstances and not construed as establishing a broad legal principle.

Although the present petitioner was acquitted by the Special Court in 2018, relying on Mohan Lal's judgment, a subsequent development occurred when the State of Kerala filed an appeal before the High Court, invoking the ruling in Mukesh Singh's case as the basis for the appeal. The Kerala High Court issued a notice in the appeal and condoned the delay of 1148 days. Being aggrieved, the Petitioner approached the Supreme Court.

The Bench noted, "It is submitted by the learned counsel that subsequent change of law cannot be a ground for condonation of delay or to disturb the acquittal finding. But the High Court under impugned order dated 23.06.2023 has not only condoned the huge delay of 1148 days but also decided to consider the Prosecution’s appeal, on merit. Issue notice, returnable in six weeks. In the meantime, further proceeding is stayed in pursuant to the impugned order dated 23.06.2023".

The Court accordingly issued notice in the SLP and stayed the proceedings before the High Court.

Cause Title: Hyder v. State Of Kerala [Special Leave to Appeal (Crl.) No(s).14267/2023]

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