Supreme Court · 2004 INSC 177 · Decided 16 March 2004
State of Punjab v. Balkar Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 177 · [2004] 3 S.C.R. 25
- Case number
- CRIMINAL APPEAL No. 1144/1997
- Decided
- 16 March 2004
- Bench
- K.G. BALAKRISHNAN, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NDPS Act Section 15, 50
Headnote
B Narcotic Drugs and Psychotropic Substances Act, : S. 15-"Conscious possession "-Accused found sitting on a cluster of bags containing of poppy husk-Prosecution-Trial court held accused to C have committed offence under s. 15-Acquittal by High Court-Held, the High Court committed no poppy husk recovered by the police-The prosecution failed to discharge its obligation to prove the possession of the poppy husk by the accused-Recovery was effected from a D field in a vii/age-Accused belonging to different village-The police did not make any investigation as to how the 100 bags
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