Supreme Court · 1973 INSC 214 · Decided 23 November 1973
Kaur Sain v. The State of Punjab
- Court
- Supreme Court of India
- Citation
- 1973 INSC 214 · [1974] 2 S.C.R. 393
- Case number
- CRIMINAL APPEAL No. 68/1970
- Decided
- 23 November 1973
- Bench
- M. HAMEEDULLAH BEG, Y.V. CHANDRACHUD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 429, 382; CrPC Section 54, 342
Headnote
393 Opium Act, s. 9 read withs. 54 Cr. P.C.~Appellant made a statement from lock-up tMt he possessed opium in his house. He was not arrested earlier for any such charge-Whether it was a made up story by the pi'osecu.tiOn in the cir­ cumstances of the case. The Judicial Magistrate convicted the without a lice.nee and sentenced him for 8 months R.I. and to pay a fine of Rs. 500 /-. The order of conviction and sentence was confirmed in appeal by the Sessions Judge and in .revision by the High Court. Accofding to the prosecution, the appellant was arrested under s. 54 Cr.P.C. and while he
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