NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court
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1 month, 3 weeks ago

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court

Live Law  

The Supreme Court reiterated that unless the foundational facts of non-compliance of Section 52A of the NDPS Act are not proved by the accused, he cannot assert a bald allegation that the conviction for possessing contraband cannot be sustained due to non-compliance of Section 52A. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the accused was booked for possessing contraband and sought acquittal due to non-compliance with Section 52A of the NDPS Act. The bench referred to its own latest order passed in Bharat Aambale v. State of Chhattisgarh to negate the Appellant's argument of non-compliance of Section 52, holding that mere non-compliance with Section 52A would not be fatal to the prosecution's case when other cogent evidence proves the recovery of the contraband from the accused possession. Moreover, apart from a mere bald assertion that there has been a contravention of the mandate of Section 52A of the NDPS Act, nothing cogent has been pointed out to us by the appellant herein that would show that there had been a violation of the requirements of Section 52A of the NDPS Act.” "In such circumstances, we do not find any error much less any error of law in the impugned judgment of the High Court.

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History of this topic

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case
1 week, 2 days ago

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case

Live Law  

The Himachal Pradesh High Court has upheld an acquittal in an NDPS Act case, expressing shock over the fact that the investigating officer already knew that the accused was carrying contraband without searching him or conducting a test on the material.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, said "while perusing the consent memo of search of the accused observed …

NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC
1 month ago

NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a deviation from Section 52- A of the NDPS Act or standing order will not be fatal to the prosecution case if the recovery and seizure of the contraband from the accused's possession are clearly established from other evidence in its cumulative effect. A bench of Chief Justice Ramesh Sinha and Justice Ravindra …

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court
Trending News
1 month, 3 weeks ago

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court

Live Law  

The Supreme Court reiterated that unless the foundational facts of non-compliance of Section 52A of the NDPS Act are not proved by the accused, he cannot assert a bald allegation that the conviction for possessing contraband cannot be sustained due to non-compliance of Section 52A. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the …

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court
Trending News
1 month, 3 weeks ago

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court

Live Law  

The Supreme Court reiterated that to prove offences under the Narcotic Drugs and Psychotropic Substances Act, the prosecution must establish that the contraband was seized from the 'conscious possession' of the accused. "Conscious possession implies that the person knew that he had the illicit drug or psychotropic substance in his control and had the intent or knowledge of its illegal …

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court
Trending News
1 month, 3 weeks ago

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court

Live Law  

The Supreme Court reiterated that to prove offences under the Narcotic Drugs and Psychotropic Substances Act, the prosecution must establish that the contraband was seized from the 'conscious possession' of the accused. "Conscious possession implies that the person knew that he had the illicit drug or psychotropic substance in his control and had the intent or knowledge of its illegal …

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles
2 months ago

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles

Live Law  

The Supreme Court yesterday summarized the principles regarding Section 52A of the Narcotic Drugs and Psychotropic Substances Act emphasizing its purpose of ensuring both the safe disposal of seized contraband and introducing procedural safeguards to maintain the integrity of the evidence. The bench comprising Justices JB Pardiwala and R Mahadevan summarized the principles regarding Section 52A in the following points: …

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court
2 months ago

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court

Live Law  

Highlighting that substantive justice outweighs procedural irregularities, the Supreme Court recently upheld the conviction of an individual for possessing contraband, rejecting his plea for acquittal based on alleged non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that mere non-compliance with Section 52A would not be fatal to the prosecution's case when other …

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
3 months, 1 week ago

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court

Live Law  

The Supreme Court today granted relief to a retired IPS Officer, quashing a summons issued by a Special Judge and the subsequent proceedings under Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 over allegations of misconduct during her tenure as SP, Kurukshetra, in a narcotics case investigation. The Court said that the Special Judge is not empowered …

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court
6 months, 1 week ago

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while upholding the acquittal of three individuals accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 has ruled that the presumptions under Sections 35 and 54 of the NDPS Act are rebuttable, not absolute. The court emphasised that the prosecution must first establish a prima facie case against the accused before …

Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case
7 months, 3 weeks ago

Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case

Live Law  

The Allahabad High Court last week acquitted an accused in a 33-year-old case under the NDPS Act. The Court also noted that the prosecution's case was primarily based on circumstantial evidence, with no direct evidence linking the appellants to the possession and distribution of narcotics. During the pendency of the appeal, accused Ikarar and hence, the appeal in his respect …

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC
8 months, 3 weeks ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law  

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL
11 months, 2 weeks ago

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL

Live Law  

The Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.Justice Pankaj Jain said, "Investigating agency can not hide proceedings from …

NDPS Act | When Samples Aren't Drawn Following S.52A, FSL Report Is A Waste Paper & Can't Be Read In Evidence : Supreme Court
1 year ago

NDPS Act | When Samples Aren't Drawn Following S.52A, FSL Report Is A Waste Paper & Can't Be Read In Evidence : Supreme Court

Live Law  

The Supreme Court on Friday held that the accused cannot be held guilty of possessing narcotics and psychotropic substances if the mandate of Section 52A of the NDPS Act isn't fulfilled by the police while sending the collected sample for the Forensic Science Laboratory Test. The Supreme Court stated that while sending the sample for the FSL Test, the collected …

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC
1 year ago

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC

Live Law  

The Kerala High Court allowed an appeal challenging conviction under Section 20 of the Narcotic and Psychotropic Substances Act, for non-compliance with Section 52 of the Act, which requires police officers to certify the inventory of the seized substances by a magistrate.A single judge bench of Justice K Babu remarked that “the intention of the legislature by incorporating. The Kerala …

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate
1 year ago

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate

Live Law  

The Calcutta High Court's Circuit Bench at Jalpaiguri has recently ordered the Assistant Director General of Police to conduct a probe into the difference in weight between the drugs seized from the accused, and the weight recorded in the certificate issued by the magistrate under Section 52 of the NDPS Act.A division bench of Justices Harish Tandon and Supratim Bhattacharya. …

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court
1 year, 1 month ago

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court

Live Law  

The Delhi High Court has said that the bar provided under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, cannot be invoked in a case where evidence against the accused “appears to be unbelievable” and “does not seem to be sufficient for the purpose of conviction.”“The Courts are not expected to accept every allegation made by the prosecution …

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
1 year, 4 months ago

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions

Live Law  

The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act, for the alleged possession of commercial quantities of cannabis. The infirmities in the investigation and the violations of the mandatory provisions, dealt above, including of section 42, 52-A of the NDPS Act read with section 100 …

Section 50 NDPS | Conviction Cannot Be Sustained If Accused Were Not Informed About Their Right To Be Searched Before Magistrate/Gazetted Officer : Supreme court
1 year, 6 months ago

Section 50 NDPS | Conviction Cannot Be Sustained If Accused Were Not Informed About Their Right To Be Searched Before Magistrate/Gazetted Officer : Supreme court

Live Law  

The Supreme Court observed that if the accused were not informed about their right to be searched before a Magistrate or a Gazetted officer, it is a violation of the safeguard provided by Section 50 of the NDPS Act.In this case, the accused were convicted by the Trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, …

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made
1 year, 10 months ago

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made

Live Law  

The Punjab and Haryana High Court has observed that since the Narcotic Drugs and Psychotropic Substances Act has provisions for stringent punishment, the standard of investigation is also required to be meeting all those parameters. The court also noted that when a search is made from the body of the accused, compliance of Section 50 NDPS Act is imperative in …

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal
1 year, 11 months ago

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal

Live Law  

While acquitting a person who was convicted in 2005 under the NDPS Act, the Uttarakhand High Court said non-compliance of Section 50 of the Act makes sufficient case for acquittal. Justice Alok Kumar Verma said that, “Appellant was not informed of his legal right, therefore, non-compliance of Section 50 of the Act, 1985 makes sufficient case for acquittal.” The judgement …

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court
2 years, 1 month ago

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court

Live Law  

The Punjab and Haryana High Court last week asked the state to devise a mechanism to remove the uncertainty regarding the place, date, and time of preparation of consent/non-consent memo qua compliance of Section 50 NDPS Act. In fact, Justice Jain also suggested the State Governments to come up with some web portal on which the consent memo/non-consent memo qua …

NDPS Act: All India High Court Cases 2022
2 years, 2 months ago

NDPS Act: All India High Court Cases 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR Citation: 2022 LiveLaw 18 The Andhra Pradesh High …

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC
2 years, 6 months ago

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC

Live Law  

The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless …

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal
2 years, 11 months ago

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Live Law  

Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8, 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Averring that the scope in acquittal …

Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act
2 years, 11 months ago

Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act

Live Law  

The Gujarat High Court has affirmed the acquittal of an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on the ground that she was merely accompanying her husband and had no knowledge of contraband being carried in the bag.The Bench comprising Justice SH Vora remarked that her conscious possession as understood under the law does not surface even …

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case
3 years ago

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case

Live Law  

"Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the Allahabad High Court has held recently while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja.Justice Shekhar Kumar Yadav discarded the argument that the arresting officials did not comply with the mandatory provisions …

S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court
3 years, 1 month ago

S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court

Live Law  

While interpreting Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985, the Calcutta High Court has recently opined that 'reasonable grounds' to believe that the accused has not committed an offence must be more than mere 'prima facie' grounds. "After careful scrutiny of section 37 of the NDPS Act 1985 we find that the exercise of power to …

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court
3 years, 2 months ago

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released …

Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court
3 years, 3 months ago

Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substance Act is required to be complied in the case of personal search only with but not in the case of search of vehicle.The court also observed that merely because independent witnesses were not examined, the conclusion could not be drawn that accused was …

Important Judgments On NDPS Act
3 years, 4 months ago

Important Judgments On NDPS Act

Live Law  

The Supreme Court of India and various High Courts of the Country have pronounced numerous judgments in the matters related to the Narcotic Drugs and Psychotropic Substances Act, 1985. The Bench further observed that under Section 37 of the NDPS Act, the limitations on the grant of bail for offences punishable under Sections 19, 24 or 27A and also for …

Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja
3 years, 4 months ago

Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja

Live Law  

The Allahabad High Court recently granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 in a case involving the alleged recovery of 628 Kilograms of Ganja.The Court noted that the case against the accused was based only upon the statement given by the co-accused implicating him and also upon a statement given by the …

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court
3 years, 5 months ago

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court

Live Law  

The Supreme Court observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, merely on a finding of the absence of possession of the contraband on the person of the accused.Such a finding does not absolve the court of the level of scrutiny required under Section 37 of the NDPS Act, the bench of …

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court
4 years, 2 months ago

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court

Live Law  

Bombay High Court, while upholding the acquittal order of the Special Judge for Narcotic Drugs and Psychotropic Substances Act, 1985, Pandharpur, held that failure to comply with the requirements under Section 42 of the NDPS Act would affect the prosecution's case and vitiate the trial. The court noted that not only did the prosecution fail on merits, but the trial …

NDPS Trial Is Not Vitiated Merely Because Ownership Of Vehicle From Which Contraband Was Seized Is Not Established: SC [Read Judgment]
4 years, 6 months ago

NDPS Trial Is Not Vitiated Merely Because Ownership Of Vehicle From Which Contraband Was Seized Is Not Established: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, to prove the case under the NDPS Act, the ownership of the vehicle from which the contraband is seized is not required to be established. What is required to be established and proved is the recovery of the contraband articles and the commission of an offence under the NDPS Act, the bench comprising Justices …

NDPS: Non-Compliance Of Section 50 During 'Personal Search' Cannot Invalidate Recovery From Vehicle: SC [Read Judgment]
5 years, 5 months ago

NDPS: Non-Compliance Of Section 50 During 'Personal Search' Cannot Invalidate Recovery From Vehicle: SC [Read Judgment]

Live Law  

The Supreme Court has observed that merely because there was non-compliance of Section 50 of the Narcotic and Drugs and Psychotropic Substances Act as far as "personal search" of the accused was concerned, no benefit can be extended so as to invalidate the effect of recovery from the search of the vehicle.The bench comprising Justice Uday Umesh Lalit, Justice Indu …

NDPS Act - Non Production Of Entire Contraband By Itself Not A Ground For Acquittal : SC [Read Judgment]
5 years, 5 months ago

NDPS Act - Non Production Of Entire Contraband By Itself Not A Ground For Acquittal : SC [Read Judgment]

Live Law  

The Supreme Court has held that non-production of contraband material, by itself, is not a ground for acquittal, if its seizure is otherwise proved.On this ground, the bench of Justices U U Lalit and Vineet Saran set aside the acquittal ordered by the High Court in a case under Narcotic Drugs and Psychotropic Substances Act 1985. On this ground, the …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 7 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 7 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

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