Content Provider | Supreme Court of India |
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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 - ss. 42, 55 and 67 - Standing Instruction No. 1188 - Receipt of secret information - Search leading to seizure of contraband - Trial court convicting the accused - High Court setting aside the conviction - Justification of- Held: On facts, justified - There was non-compliance of mandatory requirements/statutory provisions in respect of search, seizure and taking of samples - Also there was doubt as to whether the purported confessions by accused were voluntary - Moreover the confessions were subsequently retracted and - there was no independent corroboration - Evidence - Confessional statement - Appreciation of. Interpretation of Statutes - Strict construction - NDPS Act - Act providing for stringent punishment - Requirement of scrupulous compliance of the statutory provisions - Narcotic and Drugs and Psychotropic Substances Act, 1985. Appeal - Appeal against acquittal - Interference by Appellate Court - Ambit and scope - Held: Appellate court not to interfere with judgment of acquittal only because another view is possible.Pursuant to receipt of secret information, respondent nos. 1 and 2 were searched and contraband was recovered from the cement gunny bags carried by them. According to the prosecution, 10 Kg. of opium packed in 5 polythene bags of 2 Kg each were recovered from each of them. Respondent nos.1 and 2 purportedly made confession before authorities under the Narcotic Drugs and Psychotropic Substances Act, 1985 that they were carrying the contraband at the behest of respondent no.3 to be delivered at a particular destination. Even though -r·subsequently the respondents retracted the purported confessions made by them, the trial court placed reliance upon the same and convicted respondent nos.1 and 2 under section 8/18 of the Act and respondent 3 under section 8/27 of the Act. On appeal, the High Court set aside the conviction. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 427 |
Petitioner | U.o.i. |
Respondent | Bal Mukund & Ors. |
SCR | [2009] 5 S.C.R. 205 |
Judgement Date | 2009-03-31 |
Case Number | 1397 |
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