Supreme Court · 2014 INSC 170 · Decided 5 March 2014
State of H.P. v. Sunil Kumar
- Court
- Supreme Court of India
- Citation
- 2014 INSC 170 · [2014] 3 S.C.R. 613
- Case number
- CRIMINAL APPEAL No. 1101/2005
- Decided
- 5 March 2014
- Bench
- RANJANA PRAKASH DESAI, MADAN B. LOKUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution; NDPS Act Section 20
Headnote
NARCOTIC DRUGS AND PSYCHOTROPIC A B SUBSTANCES ACT, 1985. C s. 50 and s. 20 - 'Chance recovery' - Compliance of s. 50 - Police in routine traffic check for without ticket passengers, detected accused-appellant in possession of charas - Held: It was plainly a chance recovery of charas - It was not with provisions of s. 50 -- Mere suspicion, even if it is 'positive suspicion' or grave suspicion cannot be equated with 'reason to believe' -­ Decision of trial court convicting the accused of an offence ul s 20 of the Act, upheld. WORDS AND PHRASES: Expressions 'chance recovery', 'reason
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