Supreme Court · 2002 INSC 396 · Decided 18 September 2002

Avtar Singh and Ors v. State of Punjab

Court
Supreme Court of India
Citation
2002 INSC 396 · [2002] SUPP. 2 S.C.R. 482
Case number
CRIMINAL APPEAL No. 2082/1996
Decided
18 September 2002
Bench
S. RAJENDRA BABU, P. VENKATARAMA REDDI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 313; Evidence Act Section 114; NDPS Act Section 15, 35, 54

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 15, 35 and 54-Accused found travelling at odd hour in a vehicle containing C poppy husk-Conviction by courts below on presumption as to possession-­ Correctness of-Held, in the absence of proof presumption as to possession cannot be Words and Phrases : 'Possession '-Meaning of According to the prosecution appellant No.3 was driving a vehicle containing poppy husk bags at odd hour. Appellant Nos. I and 2 were sitting at the back on the bags. Appellants were apprehended and bags of poppy husk E were recovered. Trial Court

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