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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

Varinder Kumar was apprehended in 1995 carrying charas in gunny bags. The trial court acquitted him for procedural violations, but the High Court reversed this and convicted him under the Narcotic Drugs Act for 20 years. The Supreme Court upheld the conviction, finding no violation of witness or sealing requirements. It also addressed whether the rule from Mohan Lal (that informant and investigator must be different) should apply to cases tried before that judgment. Held: prospective overruling applies. Pending trials before the Mohan Lal judgment shall continue under individual facts, balancing accused and prosecution rights without reopening settled cases. Appeal dismissed.

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Narcotic Drugs and Psychotropic Substances Act Criminal Procedure Evidence Witness Examination Procedural Compliance Prospective Overruling Constitutional Law Fair Trial Seized Property

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