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 1985: ss. 18 50 - Recovery of contraband goods |
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. 18, 50 - Recovery of contraband goods - Nakabandi held by police party under the supervision of Superintendent of police, PW-3 - Allegation that on seeing the police party, the appellant and one 'DK' ran in different directions - Both apprehended - 10 kgs of opium allegedly found in bag which the appellant was carrying- Recovery of 10 kgs of opium from 'DK' Both tried separately - Conviction of 'DK' attaining finality - Trial court acquitted appellant on . the ground that prosecution story was doubtful and. the provisions in local newspaper, 20 kgs of opium was recovered from 'DS' but theJ:e was no reference to the appellant -. High Court reversed, the order of acquittal on the ground that the press note could not be taken in evidence - On appeal, held: Provisions of s, 50. was not applicable in the instant case - The •opium was allegedly recovered, from a bag, which the appellant .was carrying - High Court wrongly proceeded on the basis that press note was a news items, whereas it was a press noted issued by the SSP, veracity of which was accepted by PW-3- The finding of High Court that the press note could not be relied upon was not correct - Trial court took view in favour of the accused on a consideration of the evidence, and as that view was clearly possible. High Court ought not have interfered in the matter in an appeal against acquittal - Appeal against acquittal - Evidence. |
Judge | N/A |
Neutral Citation | 2011 INSC 332 |
Petitioner | Bahadur Singh |
Respondent | State Of Punjab |
SCR | [2011] 5 S.C.R. 877 |
Judgement Date | 2011-04-26 |
Case Number | 2106 |
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