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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

In this criminal appeal, the appellant challenged the High Court's reversal of his acquittal in a narcotics case. The Supreme Court dismissed his appeal, upholding the conviction for possession of 1 kg 230 gms of charas (cannabis). The Court clarified three key principles: (1) High Courts can overturn acquittals if the trial Court made perverse findings, (2) uncontronted documents cannot be relied upon to acquit an accused, and (3) lack of independent witnesses does not vitiate the case if police testimonies are credible. Importantly, the Court held that for sentencing under the NDPS Act, the total weight of the substance mixture (not just pure resin content) determines commercial quantity. The two-year sentence was upheld despite being below the minimum ten years required.

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Narcotics and Drugs Criminal Procedure Appellate Jurisdiction Evidence Law Sentencing

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