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Supreme Court of India 2020-09-10 dismissed

Rizwan Khan vs The State of Chhattisgarh

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

Rizwan Khan was convicted under Section 20(b)(ii)(B) of the Narcotic Drugs & Psychotropic Substances Act, 1985, for possession of 20 kg of Ganja found in his motorcycle. The appellant challenged conviction arguing procedural flaws, hostile independent witnesses, vehicle ownership issues, and sample mix-ups. The Supreme Court upheld conviction, holding that: (1) recovery of contraband from the accused is sufficient; vehicle ownership is immaterial; (2) reliable, cross-examined police witness testimony requires no independent witness corroboration in NDPS cases; (3) procedural compliance under Sections 42, 50, and 55 was proven; and (4) minor clerical errors in sample numbering do not affect chain of custody.

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Narcotic Drugs and Psychotropic Substances Criminal Procedure Evidence Proof Beyond Reasonable Doubt Police Evidence Chain of Custody

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