Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotics Drugs Psychotropic Substances |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotics Drugs and Psychotropic Substances Act, 1985 – s.8C r/w. s. 20(b)(ii)(c) – Appellant was convicted u/s. 8C r/w. s. 20(b)(ii)(c) of the 1985 Act for the recovery of 48 Kgs 200 gms. cannabis (ganja) and sentenced for 10 years of rigorous imprisonment – The appellant was held to be owner of the house by the courts below, from where cannabis was recovered – Appellant’s defence that he had sold the said house to the co-accused was rejected – Held: The appellant had produced the sale agreement dated 12.06.2009 of the property in question with promptness – The said document was never investigated for its genuineness by the police and neither panchayat records were verified – The appellant was held guilty and convicted in view of his name being recorded as the owner of the house in the voters list 2008, ignoring the fact that sale agreement was subsequent to the same on 12.06.2009 – The prosecution cannot be held to have proved the sale agreement as fabricated and fictitious document – Further, no appeal was preferred by the prosecution against the acquittal of the co-accused – In view of the nature of evidence available it is not possible to hold that the prosecution had established conscious possession of the house with the appellant so as to attribute the presumption under the NDPS Act against him with regard to recovery of the contraband – There was gross misappreciation of evidence by the courts below and the police investigation was extremely casual, perfunctory and shoddy in nature – Therefore, the conviction of the appellant is unsustainable and is set aside. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 478 |
Petitioner | Gangadhar Alias Gangaram |
Respondent | State Of Madhya Pradesh |
SCR | [2020] 7 S.C.R. 173 |
Judgement Date | 2020-08-05 |
Case Number | 504 |
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