Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotics Criminal Law Evidence Witness Drugs and Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law – Appeal against acquittal – Appellant acquittedu/s.20, NDPS Act – Acquittal reversed by High Court – On appeal,held: Appellant’s acquittal was primarily based upon the findingthat the case was not one of ‘chance recovery’ – Trial Court reachedsuch finding on the basis of certain averments made in a writtenreply submitted by prosecution in opposition to appellant’s bailapplication – No opportunity to controvert this reply document wasgiven to the prosecution, nor was PW5 confronted with it – Further,PW1’s statement (sole independent witness, though declared hostileby prosecution) corroborates and strengthens the seizure ofcontraband substance (charas) from the possession of appellant –Testimonies of star police-witnesses, PW2 and PW5 are notcontradictory – On facts, two years’ rigorous imprisonment andfine of Rs.50,000/- awarded by High Court is not disturbed –Narcotics, Drugs and Psychotropic Substances Act, 1985 – s.20 –Code of Criminal Procedure, 1973 – s.161 – Constitution of India–Art.136.Evidence – Court records – Veracity of – Held: No legalpresumption can be extended to the veracity of the contents of Courtrecords emanating during trial.Witness – Lack of independent witnesses – Duty of Courts –Discussed – Criminal Trial.Narcotics, Drugs and Psychotropic Substances Act, 1985 –s.20(ii)(C) – Minimum mandatory sentence – Discussed – Narcotics,Drugs and Psychotropic Substances (Amendment) Act, 2001. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 606 |
Petitioner | Raveen Kumar |
Respondent | State Of Himachal Pradesh |
SCR | [2020] 8 S.C.R. 1044 |
Judgement Date | 2020-10-16 |
Case Number | 2187-2188 |
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