Supreme Court · 2013 INSC 488 · Decided 23 July 2013
Gian Chand & ORS. v. State of Haryana
- Court
- Supreme Court of India
- Citation
- 2013 INSC 488 · [2013] 10 S.C.R. 728
- Case number
- CRIMINAL APPEAL No. 2302/2010
- Decided
- 23 July 2013
- Bench
- B.S. CHAUHAN, S.A. BOBDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; Evidence Act Section 106; NDPS Act Section 15, 20, 35, 54
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 - ss. 15, 20, 35 & 54 - Accused-appellants found carrying ten C bags of contraband in a vehicle - Convicted by Courts below u/s. 15 - Justification - Held: Justified - Overwhelming evidence on record to prove that the seizure of ten bags had appellants were found in possession of contraband article, they were presumed to o have committed the· offence until the contrary was proved - Burden was on the appellants to establish that they had no · knowledge of the same - Appellants miserably failed to rebut the statutory
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