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Supreme Court of India 2019-02-11 dismissed

Varinder Kumar vs State of Himachal Pradesh

Bench: 3 — Navin Sinha

In Brief

The appellant was convicted of possessing charas (cannabis) seized from gunny bags on his scooter in 1995. The High Court reversed his acquittal, confirming the material was charas and seals were properly produced. The Supreme Court dismissed the appeal. Although it acknowledged that Mohan Lal (2018) established that an informant cannot also be the investigating officer under Article 21, it held that this principle applies prospectively only. All pending prosecutions decided when the law was unclear continue to be governed by individual facts. This balances accused rights with societal interests in criminal justice, preventing new law from retroactively becoming a basis for acquitting settled cases."

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Drug Law / NDPS Act Criminal Procedure Search and Seizure Prospective Overruling Fair Trial Constitution - Right to Life

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