Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 10 kgs. of opium ss. 8 NDPS act 15 independent witness included in investigation |
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 Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 – ss. 8, 15 – Prosecution case that appellant was carrying 10 kgs. of opium – Appellant contended that he was falsely implicated – Trial Court convicted appellant u/ss. 8, 15 of NDPS Act – High Court upheld the conviction of the accused – On appeal, held: No independent witness from the locality was included in the investigation and all the witnesses were police officials – There was no explanation for the non-availability of any independent witness in a residential locality – Further, though the Laboratory report of the seized sample was obtained, but the identity of the sample seized from the appellant was not conclusively established – In the circumstances, mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof by itself – The sample seized and that tested have to be co-related – Thus, the conviction by the courts below unsustainable and accordingly set aside. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2019 INSC 837 |
Petitioner | Vijay Pandey |
Respondent | State Of Uttar Pradesh |
SCR | [2019] 10 S.C.R. 774 |
Judgement Date | 2019-07-30 |
Case Number | 1143 |
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