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 Judgement |
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 Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985:s.50 - Scope, ambit and applicability of- Held: S.50 can be invoked only in cases where the drug/narcotic is recovered as a consequence of body search of the accused . In case, the recovery of the narcotic is made from a container being carried by an individual, the provisions of s.50 would not be attracted. Opium seized from accused - Gap of 12 days between the seizure and the sending of opium sample to the Chemical examiner - Held: On facts, the delay in sending the samples was not fatal to the prosecution case - There was no infirmity in the link evidence - Mere delay in sending the sample to the Chemical Examiner not sufficient to conclude that the sample was tampered with - Report of the Chemical examiner indicated that the seals were intact when the sample was received and tallied with the sample impression of the seal - Code of Criminal Procedure, 1973 - s.293.Evidence Act, 1872:s.25 - Offence under the NDPS Act . Accused apprehended by police party - Consent statement made by accused expressing his confidence to be searched in presence of Police Inspector- Whether inadmissible u/s.25. Held: The consent statement signed by the accused was not used as a confession, therefore, the bar under s.25 was not applicable - No confession was made in this case through the consent given by the accused with regard to any of the ingredients of the offence with which he was subsequently charged.Independent witness - Non-examination of - Effect -Held: Merely because the prosecution did not examine any independent witness, would not necessarily lead to the conclusion that the accused had been falsely implicated - On facts, the prosecution offered a plausible explanation with regard to the non-joining of independent witnesses.Constitution of India, 1950 - Article 136 - Jurisdiction and power of Supreme Court under - Held: An appeal under Article 136 of the Constitution cannot be converted into a third appeal on facts - Though the jurisdiction and the powers of the Supreme Court under Article 136 are very wide, even then, interference with concurrent findings of fact would be an exception and not the rule. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 119 |
Petitioner | Jarnail Singh |
Respondent | State Of Punjab |
SCR | [2011] 2 S.C.R. 888 |
Judgement Date | 2011-02-11 |
Case Number | 1960 |
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