Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | contraband Narcotic Drugs and Psychotropic Substances Act |
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. 15, 20, 35 & 54 - Accused-appellants found carrying tenbags of contraband in a vehicle - Convicted by Courts belowu/s. 15 - Justification - Held: Justified - Overwhelming evidenceon record to prove that the seizure of ten bags had actuallybeen made from the appellants - Since appellants were foundin possession of contraband article, they were presumed tohave committed the· offence until the contrary was proved -Burden was on the appellants to establish that they had no ·knowledge of the same - Appellants miserably failed to rebutthe statutory presumption - They could not point out whatprejudice was caused to them if the fact of "consciouspossession" was not put to them while recording theirstatements u/s.313 CrPC - Mere non-joining of independentwitness did not cast doubt on the version forwarded by theprosecution since no reason on record to falsely implicate theappellants - On facts, at the time of the incident somevillagers had gathered there - The Investigating Officer in hiscross-examination made it clear that in spite of his bestpersuasion, none of them were willing to become witness andtherefore, he could not examine any independent witness -Further, every official act by the police is presumed to havebeen regularly performed - Evidence Act, 1872 - ss.106 and114 - Maxims - "omnia praesumuntur rite it dowee probeturin contrarium solenniter esse acta". |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 488 |
Petitioner | Gian Chand & Ors. |
Respondent | State Of Haryana |
SCR | [2013] 10 S.C.R. 728 |
Judgement Date | 2013-07-23 |
Case Number | 2302 |
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