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 |
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 Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985s. 8 read with s. 18 - Appellants cultivating opium under a licence - Recovery of undeclared opium from the field of the appellants - Confession by the appellants that they had withheld the opium to sell it in the market in an unauthorized manner - Conviction u/s. 8 read with s. 18 by courts below . On appeal, held: Justified - Rule 13 makes it obligatory for an opium producer to make a declaration to the lambardar as to the quantity of opium produced everyday - No evidence to show that the opium which had been recovered had been declared or accounted for before the Lambardar - However; the fact that opium was buried three feet underground and far away from the residence of the appellants clearly shows that the intention was to stash away the opium for sale in an unauthorized way - Even though no independent witness supported the prosecution story, the evidence of the official witness is supported by the recovery of the opium and also by the confessions made by the appellants that they had withheld the opium to sell it in the market - Narcotic Drugs and Psychotropic Substances Rule, 1985 - r. 13 |
Judge | N/A |
Neutral Citation | 2011 INSC 75 |
Petitioner | Daulat Ram & Anr. |
Respondent | Cbn Mandsaur, M.p. |
SCR | [2011] 1 S.C.R. 1092 |
Judgement Date | 2011-01-27 |
Case Number | 259 |
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