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Supreme Court of India 2020-03-02 dismissed

THAN KUNWAR vs STATE OF HARYANA

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

Thankunwar was convicted under Section 18 of the NDPS Act for possessing 6.3 kg of opium found in a bag during a police search. She appealed, raising objections about non-production of the seized contraband, alleged violation of search procedures, unexplained time discrepancies involving the Gazetted Officer, and absence of independent witnesses. The Supreme Court upheld her conviction, holding that while large quantities of contraband need not be physically produced before court if seizure is otherwise proved, independent corroboration through FSL samples and sealed exhibits suffices. Procedural defects regarding search procedures did not vitiate the recovery from the bag itself. The court found the official witnesses credible and prosecution evidence adequate.

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Criminal Law Drug Offences NDPS Act Evidence Procedure in Criminal Cases Witness Examination Seizure and Recovery Forensic Evidence

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