Supreme Court · 2009 INSC 1073 · Decided 25 August 2009
Om Prakash @ Baba v. State of Rajasthan
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1073 · [2009] 14 S.C.R. 289
- Case number
- CRIMINAL APPEAL No. 575/2009
- Decided
- 25 August 2009
- Bench
- H.S. BEDI, AFTAB ALAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act
Headnote
Narcotic Drugs and Psychotropic Substances Act, 1985 - Recovery of huge quantity of charas, opium and ganja from A B a house stated to be in possession of accused - Conviction C by trial court:--- Affirmed by High Court - Held: A bare perusal of the evidence would reveal that the ownership and the place of recovery is uncertain - As a matter of fact PW-3 has categorically stated that the house from where the recovery had been made D belonged to a different person and not to the accused - Even assuming that the house did belong to the accused and was in his possession, the prosecution
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