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Supreme Court of India 2023-04-25 allowed

Harbhajan Singh vs State of Haryana

Bench: 2 — Rajesh Bindal, Abhay S. Oka

In Brief

Harbhajan Singh was the registered owner of a truck found overturned with narcotic substances. He was convicted under the Narcotic Drugs and Psychotropic Substances Act though the driver and cleaner were acquitted. The Supreme Court set aside his conviction, holding that an owner cannot be convicted without proof he knowingly permitted the illegal use. The prosecution failed to establish foundational facts and improperly shifted the burden to the accused. Mere ownership, even of a vehicle carrying contraband, is insufficient without evidence of the owner's knowledge and consent.

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Narcotic Drugs and Psychotropic Substances Act Criminal Procedure Burden of Proof Evidence Vicarious Liability

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