Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs Psychotropic Substances |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Indian Evidence Act, 1872 (1 of 1872) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs & Psychotropic Substances Act, 1985 – ss.20,50 and 54 – Appellant was charged u/s.20 – Acquitted by trial court– Convicted by High Court – On appeal, held: Findings recordedby trial court are contrary to the evidence on record – s.50 isapplicable only in case of personal search – No basis for the findingsrecorded by trial court that there was non-compliance of provisionu/s.50 – Depositions of prosecution witnesses are trustworthy andcannot be said to be unnatural and improbable – No suggestion oftampering of the samples was put either to PW-1 or PW-2 – It isalways open to the appellate courts to reappreciate the evidence,on which the order of acquittal is founded and are vested with thepowers to review and come to their own conclusion – Further,appellant was on the counter of the dhaba constructed on the landowned by his wife near the temple and charas was found in thecounter of the dhaba in a gunny bag – He not only had directphysical control over charas, he had the knowledge of its presenceand character – Onus was on him to explain the possession and inabsence of the same being discharged, presumption u/s.54 also willkick in – Judgment of High Court does not suffer from any infirmity– However, on facts the sentence is reduced from 15 years to 10years – Evidence – Code of Criminal Procedure, 1973 – s.313 .Criminal Trial – Appeal against acquittal – Power of appellatecourts – Discussed.Words & Expressions –”possession” – Meaning of, in thecontext of 1985 Act – Discussed – Narcotic Drugs & PsychotropicSubstances Act, 1985. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 545 |
Petitioner | Jeet Ram |
Respondent | The Narcotics Control Bureau, Chandigarh |
SCR | [2020] 7 S.C.R. 558 |
Judgement Date | 2020-09-15 |
Case Number | 688 |
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