Supreme Court · 2017 INSC 674 · Decided 27 July 2017
Naresh Kumar Alias Nitu v. State of Hlmachal Pradesh
- Court
- Supreme Court of India
- Citation
- 2017 INSC 674 · [2017] 6 S.C.R. 424
- Case number
- CRIMINAL APPEAL No. 1053/2016
- Decided
- 27 July 2017
- Bench
- L. NAGESWARA RAO, NAVIN SINHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Evidence Act Section 114; NDPS Act Section 20, 61, 54
Headnote
6 S.C.R. 424 NARESH KUMAR ALIAS.NITU v. STATE OF HlMACHAL PRADESH (Criminal Appeal No. I 053of2016) JULY27,2017 [L. NAGESWARA RAO AND NAVIN SINHA, JJ.) Narcotic Drugs and Psychotropic Substances Act, 1985: ss. 20 and 61 - Charge under - Acquittal by Special Judge C giving benefit of doubt - conjectures and surmises,contrary to the weight of the evidence on record - Order of acquittal passed by D Special Judge upheld. E ss. 35 and 54 - Presumption under - Held: Are rebuttable - Does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt -
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