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Supreme Court of India 2018-02-16 allowed

State of Himachal Pradesh vs Pardeep Kumar etc

Bench: 2 — Ranjan Gogoi

In Brief

The Supreme Court reversed a High Court's acquittal of two men convicted of drug trafficking under the NDPS Act. The High Court had acquitted them primarily because independent witnesses were not examined during the contraband seizure and because the seized drug parcel was brought to court in a torn condition. The Supreme Court held that examining independent witnesses is not mandatory in drug cases, particularly when the incident occurred at 6:30 p.m. on a freezing night on a highway. The Court also found the parcel's torn condition was adequately explained by its bulk and storage conditions, with no evidence of tampering. The conviction for possessing 18.85 kg of cannabis was restored.

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Narcotics and Drugs Criminal Procedure Evidence Appeal against Acquittal Burden of Proof

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