Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985:s. 15 r/w ss. 35 and 54 - Possession of contraband item -- 'Conscious possession' - Accused found sitting on gunny bags containing poppy husk - Held: Once possession is proved, .the person who claims that it was not a conscious possession has to establish it - In the instant case, though there was evidence regarding conscious possession, no question relating to possession was put to accused u/s 313 Cr P C, High Court rightly acquitted the accused - Code of Criminal Procedure, 1973 - s. 313. CODE OF CRIMINAL PROCEDURE, 1973:s. 313 - Examination of accused - Accused found in possession of contraband articles and prosecuted for commission of offence punishable u/s 15 of 1985 Act - Plea of accused that during trial no question relating to possession was put to any of them u/s 313 - Held: - When accused were examined u/s 313, the essence of accusation was not brought to their notice, more particularly, the possession aspect- Such omission vitally affects the prosecution case - Guidelines for examination u/s 313 of accused who is already exempted from personal appearance - Order of Hfgh Court acquitting the accused does not suffer from any infirmity to warrant interference - Narcotic Drugs and Psychotropic Substances Act, 1985 - ss 15, 35 and 54 - Natural justice - Audi a/term partem. The respondents were prosecuted for commission of offence punishable u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, as they were found sitting on 16 gunny bags of poppy husk. When they saw the police, they tried to slip away, but the police apprehended them. The stand of the accused before the trial court was that they were falsely implicated in the case as some of the police officers were inimical to them. The trial court found the accusation against the accused established, and convicted and sentenced them to 10 years RI and to a fine of Rs. 1 lakh each. The High Court acquitted the accused accepting their pleas that there was no evidence to show any conscious possession and no question regarding possession was put to any of them in their examination u/s 313 CrPC. Aggrieved, the State filed E the appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 193 |
Petitioner | State Of Punjab |
Respondent | Hari Singh & Ors. |
SCR | [2009] 2 S.C.R. 470 |
Judgement Date | 2009-02-16 |
Case Number | 319 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |