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Supreme Court of India 2020-10-26 dismissed

Raveen Kumar vs State of Himachal Pradesh

Bench: 3 — Surya Kant

In Brief

The Supreme Court upheld the High Court's reversal of an acquittal in a drug possession case under the NDPS Act. The appellant was charged with possessing 1 kg 230 gms of charas seized from his vehicle. The trial court acquitted him based on a prosecution bail reply document, but the High Court overturned this, convicting him to two years imprisonment and a fine. The Supreme Court held that appellate courts can interfere with acquittals for perverse findings or grave miscarriage of justice; documents not confronted with witnesses during cross-examination cannot be relied upon; and non-examination of independent witnesses does not vitiate prosecution cases. Critically, the Court clarified that total drug mixture quantity (not just pure resin) determines sentencing thresholds under the NDPS Act.

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Narcotics and Drugs Appellate Jurisdiction Evidence Criminal Procedure Sentencing

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