Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substance Act 1985 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985: Ss. 21 and 27(2)-Narcotic Drugs-Stated to be for personal consumption-Onus to prove-Accused found selling brown sugar-On search small packets containing brown sugar recovered from his pocket-Conviction-Contention that small quantity of 1.2 gram of brown sugar recovered from accused be presumed to be used for personal consumption and he be awarded a lesser sentence u/s 27-Held, in view of sub-section (2) of section 27 the burden is on the accused to prove that brown sugar recovered from him was for personal consumption-The brown sugar was kept in the shirt pocket of the appellant and he completely denied having been in possession of the narcotic drug-When questioned under s.313 Cr.P.C. he did not have a specific case that drug was for his personal use-There were no material to show that the accused was keeping in his possession the narcotic drug for his personal consumption, whereas the evidence shows that narcotic substance was kept in six small packets and he was found in a street which obviously showed that he was waiting for his customers-In that background, it cannot be said that accused was entitled to the benefit of s.27-High Court has correctly held that the investigation officer strictly followed the provisions of ss. 42 and 50. Alpesh Kumar v. State of Rajasthan, JT (2002) 10 SC 219 and Gauter Edwin, Kircher v. State of Goa, Secretariat Panaji, JT (1993) 2 SC 285, distinguished. |
Judge | N/A |
Neutral Citation | 2004 INSC 295 |
Petitioner | Basheer @ N.p. Basheet |
Respondent | State Of Kerala |
SCR | [2004] Supp. (1) S.C.R. 485 |
Judgement Date | 2004-04-20 |
Case Number | 1334 |
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