Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | NDPS Act s.20(ii)(c) Section 50 1985 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 –s.20(ii)(c) – Appellant was apprehended with two Gunny Bags on his scooter which contained varying quantities of ‘Charas’ – Trial Court acquitted the appellant on the grounds of non-compliance with s.100(4) of Cr.P.C. and ss. 50, 52 and 57 of the NDPS Act, and that the seal prepared at the time of seizure was not produced in the Court – High Court reversed the acquittal and convicted appellant u/s.20(ii)(c) of the NDPS Act – On appeal, held: The conclusion of the trial court was perverse in view of the fact that two specimen seal impressions were marked as Exhibits PH and PK – S.50 of NDPS Act is not applicable as the recovery was not from the person of the appellant but the gunny bags carried on the scooter – There was no material to conclude that PW-5 and the other independent witness were not respectable persons – There was no violation of s.100(4) of Cr.P.C. – In any event, no prejudice on that account was demonstrated – Further, s.52 & 57 of NDPS are directory in nature, is of no avail to the appellant – Therefore, no reason to interfere with the judgement of High Court.Narcotic Drugs and Psychotropic Substances Act – s.20(ii)(c)– Conviction under – Appellant contended that PW-10-sub-inspector,being the informant himself, was also the investigating officer, and which alone vitiates the conviction and placed reliance upon MohanLal v. State of Punjab (AIR 2018 SC 3853) – Held: If the facts in Mohan Lal case were telling with regard to the prosecution, the facts in the present case are equally telling with regard to the accused– Appellant has history of previous convictions – A proper administration of the criminal justice delivery system, therefore requires balancing the rights of the accused and the prosecution,so that the law laid down in Mohan Lal case is not allowed to become spring board for acquittal in prosecutions prior to the same,irrespective of all other considerations – Therefore, all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal shall continue to be governed by the individual facts of the case. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2019 INSC 170 |
Petitioner | Varinder Kumar |
Respondent | State Of Himachal Pradesh |
SCR | [2019] 2 S.C.R. 707 |
Judgement Date | 2019-02-11 |
Case Number | 2450 |
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