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 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985: ss.25, 35 - Applicability of - Contraband goods recovered from the truck co-owned by the appellant - While purchasing the truck, the appellant had given his residential address in Rajasthan whereas he was resident of Haryana . High Court drew presumption against the appellant u/s. 35 to hold that by giving a fake address, his culpability was writ large on the facts of the case - Conviction of appellant u/ss.25 and 35 - Held: s.25 would not be applicable as there was no evidence to indicate that the appellant had knowingly permitted the use of the vehicle for any improper purpose - s.35 also presupposes that the culpable mental state of an accused has to be proved as a fact beyond reasonable doubt and not merely when its existence is established by a preponderance of probabilities - Burden to prove that the appellant had knowledge that the vehicle he owned was being used for transporting narcotics lay on the prosecution and it is only after the evidence proved beyond reasonable doubt, that he had knowledge, would presumption u/s. 35 arise - In the absence of any evidence with regard to the mental state of the appellant, no presumption u/s.35 can be drawn - The only evidence which the prosecution sought to rely on was the appellant's conduct in giving his residential address in Rajasthan although he was a resident of Haryana while registering the offending truck cannot fasten him, with the knowledge of its misuse by the driver and others - Judgments of the courts below set aside and acquittal ordered. |
Judge | N/A |
Neutral Citation | 2011 INSC 109 |
Petitioner | Bhola Singh |
Respondent | State Of Punjab |
SCR | [2011] 2 S.C.R. 642 |
Judgement Date | 2011-02-08 |
Case Number | 448 |
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