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Supreme Court of India 2020-01-06 dismissed

SURINDER KUMAR vs THE STATE OF PUNJAB

Bench: 2 — Mohan M. Shantanagoudar, R. Subhash Reddy

In Brief

The appellant was convicted under Section 18 of the NDPS Act for possessing 1 kg 750 grams of opium recovered during a police patrol near a canal. On appeal, he challenged the conviction on grounds that a linking witness (ASI Joginder Singh) and the supervising officer (ASP Asthana) were not examined, that no independent witnesses testified, and that Section 50 of the NDPS Act was violated. The Supreme Court upheld the conviction, holding that the chain of custody was complete despite the linking witness's absence, since he lacked access to the seals and returned the evidence intact. The Court also held that official witness testimony is credible, absence of independent witnesses does not prove false implication, and both the Trial Court and High Court's findings were supported by the evidence on record."

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Drug Offences Criminal Procedure Evidence Law Chain of Custody NDPS Act Witness Examination Police Investigation

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