In a significant ruling on electronic evidence admissibility under the NDPS Act, the Supreme Court on September 15, 2025, allowed the criminal appeal in Kailas s/o Bajirao Pawar vs. State of Maharashtra (2025 INSC 1117). A bench comprising Justices Manoj Misra and Ujjal Bhuyan set aside the Bombay High Court’s (Nagpur Bench) order dated October 25, 2024, which had partially allowed appeals, quashed the trial court’s conviction, and remanded the case for re-trial while directing judicial custody for the accused.
The case originated from a 2020 raid in Akola district, Maharashtra, under Sections 8(c) read with 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Based on intelligence, a police team led by Sagar Ashokrao Hatwar (SW No. 7) raided a hut where accused No. 1 Kailas Pawar (appellant) and No. 2 Raju Motiram Solanke were found. The search yielded 18 plastic packets of Ganja weighing 39 kg from a sack. Samples were drawn, sealed, and sent for forensic analysis. Disclosures led to a raid at accused No. 3’s residence, recovering five sacks with 107.90 kg of Ganja. Accused No. 4 was implicated as the transporter.
The Additional Sessions Judge, Akot, in Special Sessions Trial No. 34/2020, convicted accused Nos. 1 and 2 on April 29, 2023, acquitting Nos. 3 and 4. The trial court heavily relied on video footage of the raid, corroborated by photographer Santosh Ashok Solanke (SW No. 2), who provided a certificate under Section 65B(4) of the Indian Evidence Act, 1872, detailing the Sony HD camera (model 450) used. Other witnesses included panch Vinayak Rajabhau Shinde (SW No. 1), weigher Sajid Khan Rajulla Khan (SW No. 3), raiding party member Gopal Ukhardu Patil (SW No. 4), and carrier Gopalsingh Narsingh Daberao (SW No. 6). One panch (SW No. 5) turned hostile.
In appeals (Nos. 449/2023 and 457/2024), the High Court found flaws in the electronic evidence’s admissibility, noting insufficient proof of the video’s contents despite the certificate. It set aside convictions, ordered re-trial, and remanded the accused to custody, emphasizing procedural lapses in exhibiting bulk contraband to witnesses.
The Supreme Court, granting leave in SLP (Crl.) No. 4646/2025, critiqued the High Court’s approach. Without opining on merits, it held that re-trial was unnecessary, as the evidence (including the video) could be assessed on existing records. The judgment stressed that if the certificate and testimony suffice under Section 65B, the video corroborates substantive evidence. Remanding without a final merit call was deemed unjust, especially with the High Court’s incomplete evaluation.
Consequently, both High Court appeals were restored for fresh decision within six months. The appellant, bailed by SC on May 5, 2025, continues on bail with cooperation conditions. Co-accused Solanke may apply for bail to the High Court on merits.
This verdict underscores stringent NDPS standards while cautioning against unnecessary re-trials, potentially streamlining appeals in drug cases. It may influence handling of digital evidence nationwide, amid rising NDPS prosecutions. The full 38-page judgment highlights procedural fairness in high-stakes narcotics trials.
Case Details: Kailas s/o Bajirao Pawar vs. State of Maharashtra (2025 INSC 1117)
Click HERE for full judgment.
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