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Supreme Court of India 2019-01-31 allowed

Kamaljit Singh @ Pappu vs State of Punjab

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 for carrying bulk poppy husk. The High Court dismissed his appeal. The Supreme Court allowed the appeal and acquitted him on the following grounds: the prosecution failed to explain why the sole independent witness to the search and seizure was not examined; the same police officer who received the information also investigated the case, violating fair investigation principles; and the FIR number appeared on panchanamas drawn before FIR registration—a fatal discrepancy unexplained by the prosecution. These cumulative deficiencies created serious doubts, entitling the appellant to acquittal based on the benefit of doubt.

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Criminal Law Narcotic Drugs Criminal Procedure Evidence Fair Investigation

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