Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotics Drugs and Psychotropic Substances Act 1985 – s.20 r/w. s.29 |
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 Allowed |
Headnote | Narcotics Drugs and Psychotropic Substances Act, 1985 – s.20 r/w. s.29 – Conviction under – Propriety of – On 27.01.2009 a police party on patroling duty on National Highway 21 on ManaliKullu road, signaled a car to stop – Vehicle stopped and a person allegedly fled away from the car, while accused-respondent nos.1 and 2 were found sitting in the car – On search, rucksack containing cannabis mixture found from the car – Trial court convicted and sentenced the accused for offences u/s. 20 r/w. s.29 – High Court in appeal reversed the order of conviction on the ground that prosecution did not discharge its burden of examining independent witnesses in support of its case and that the contraband article was produced before trial court in a torn condition raising serious doubt about its authenticity – Held: Examination of independent witnesses is not an indispensable requirement and such non-examination is not necessarily fatal to the prosecution case – In the present case, according to the prosecution, independent witnesses were not available to witness the recovery of contraband due to extreme cold – In absence of any animosity between the police party and the accused and having regard to the large quantity of contraband that was recovered (18.85 kgs.), it is unlikely that the contraband was planted/foisted in the vehicle of accused persons – Further, w.r.t. condition of the contraband parcel, the prosecution witnesses examined in this regard testified that the parcel was in a torn condition due to its bulky nature and also due to nails on the stool on which it was kept – Order of High Court is set aside and that of trial court convicting and sentencing the accused-respondents, restored. Evidence – Independent witnesses – Non-examination of – Discussed. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 166 |
Petitioner | The State Of Himachal Pradesh |
Respondent | Pardeep Kumar Etc. |
SCR | [2018] 2 S.C.R. 656 |
Judgement Date | 2018-02-16 |
Case Number | 276-277 |
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