Supreme Court · 2004 INSC 295 · Decided 20 April 2004
BASHEER@N.P. Basheet v. State of Kerala
- Court
- Supreme Court of India
- Citation
- 2004 INSC 295 · [2004] SUPP. 1 S.C.R. 485
- Case number
- CRIMINAL APPEAL No. 1334/2002
- Decided
- 20 April 2004
- Bench
- K.G. BALAKRISHNAN, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; NDPS Act Section 21, 50, 27, 42
Headnote
B. Narcotic Drugs and Psychotropic Substancs Act, 1985: Ss. 21 and 27(2)-Narcotic Drugs-Stated to be for personal consumption-Onus to prove-Accused found selling brown sugar-On search C small packets containing brown sugar recovered from his pocket­ Conviction-Contention that small quantity of be awarded a lesser sentence u/s 27-Held, in view of sub-section (2) of section 27 the burden is on the accused to prove that brown sugar D recovered from him was for personal consumption-The brown sugar was kept in the shirt pocket of the appellant and he completely denied having been in
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