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Supreme Court of India 2020-03-02 dismissed

THAN KUNWAR vs THE STATE OF HARYANA

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

The appellant was convicted under Section 18 of the NDPS Act for possession of 6.3 kg of opium recovered during a search. She challenged the conviction on grounds that: (1) the investigating officer could not have been present at two different locations simultaneously (temporal impossibility); (2) the contraband was not produced before the court; (3) Section 50 compliance was violated due to personal search; and (4) no independent witnesses were associated with the investigation. The Supreme Court dismissed the appeal, holding that seizure of contraband, if proved and undisputed, does not require production of the bulk material if samples have been properly sealed and examined by the FSL. The court also clarified that Section 50 violations in personal search do not invalidate recovery from a bag, and that absence of independent witnesses alone is not determinative if prosecution witnesses are credible."

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Narcotics Drugs and Psychotropic Substances Act (NDPS) Criminal Procedure Evidence Search and Seizure Witness Credibility Forensic Evidence

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