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Supreme Court of India 2018-02-01 dismissed

Union of India vs Leen Martin & Anr

Bench: 2 — N.V. Ramana

In Brief

The Union of India appealed against the High Court's acquittal of Leen Martin in a drug trafficking case involving recovery of 12.03 kg of hashish. The trial court had convicted him based primarily on the intelligence officer's testimony, but the High Court overturned this, noting that independent panch witnesses contradicted the official account. The witnesses testified the bag was already opened when they arrived, the seizure document was not read to them, and they signed papers without knowing the contents. The Supreme Court dismissed the appeal, holding that where independent witnesses undermine the prosecution's seizure narrative and the case relies solely on an official witness whose evidence is impaired, conviction is unsafe. The alleged recovery was not proved beyond reasonable doubt."

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Narcotic Drugs and Psychotropic Substances Criminal Procedure Evidence Witness Testimony Drug Trafficking Seizure and Search Procedures

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