Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | VIDHYA DHAR |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 18 and 50-Procedural illegality in investigation-Recovery of opium from accused-Accused given opportunity to effect the search in presence of Gazetted Officer or Magistrate which was declined-Inspector took sample from opium and affixed his seal-Sub Inspector collected the sample-Station House Officer on verification of facts also affixed his own seal on the sample-Samples sent for chemical analysis and on basis of report charge sheet filed-Accused alleged tampering with the seal-Deposition .of Sub-Inspector and Station House Officer-No cross-examination regarding tampering with seal-Trial Court convicted the accused-High Court set aside the conviction---On appeal, held evidence adduced by the prosecution showed no tampering with the seal-Hence no procedural illegality in the investigation-Acquittal set aside-Conviction by Trial Court restored.On suspicion, Sub-Inspector along with some police personnel conducted search of the respondent-accused and recovered about 2.250 kgs. of opium. Respondent-accused was told that if he desired, the search could be effected in the presence of a Gazetted Officer or a Magistrate. However, he declined. Inspector took sample of opium and sealed with his seal Sub-Inspector then collected the sample of the opium. After that respondent-accused alongwith these two packets was produced before the Station House Officer, who verified the facts from respondent-accused and witnesses and checked the case property and the sample. He affixed his own seal on both the packets containing sample and the residue. Thereafter sample of opium was sent for chemical analysis and on the basis of the report, charge-sheet was filed against the respondent-accused. Trial Court rejected the contention of the respondent-accused that there was tampering with the seal affixed on the packet containing the sample and held him guilty. However, High Court, on the basis of the evidence adduced by the prosecution, acquitted the respondent-accused holding that there was tampering of the seal and the respondent-accused was entitled to benefit of doubt. Hence the present appeal.Appellant-State contended that there was no tampering with the seal placed on the packet of opium sample collected and the evidence of the prosecution is very clear. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2002 INSC 113 |
Petitioner | State Of Haryana |
Respondent | Vidhya Dhar |
SCR | [2002] 2 S.C.R. 151 |
Judgement Date | 2002-03-01 |
Case Number | 1893 |
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