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Supreme Court of India 2019-02-11 dismissed

VARINDER KUMAR vs THE STATE OF HIMACHAL PRADESH

Bench: 3 — Ranjan Gogoi, Navin Sinha, K.M. Joseph

In Brief

A man convicted of possessing charas (cannabis resin) appealed the High Court's reversal of his acquittal. The Trial Court had acquitted him for procedural violations; the High Court reinstated conviction, finding the evidence properly sealed and independent witnesses acceptable. The Supreme Court upheld the conviction. While endorsing that investigators should not also be informants (following Mohan Lal), the Court held this principle could not apply retrospectively to prosecutions commenced before that rule was established. The Court applied prospective overruling to balance accused rights with societal interest in prosecuting offenders, dismissing the appeal.

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Criminal Procedure Narcotic Drugs and Psychotropic Substances Act Constitutional Law Prospective Overruling Fair Trial Search and Seizure Evidence

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