Supreme Court · 2005 INSC 107 · Decided 24 February 2005
State of Punjab v. Balwant Rai
- Court
- Supreme Court of India
- Citation
- 2005 INSC 107 · [2005] 2 S.C.R. 408
- Case number
- CRIMINAL APPEAL No. 1240/1999
- Decided
- 24 February 2005
- Bench
- B.P. SINGH, ARUN KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; NDPS Act Section 15, 50
Headnote
Narcotic Drugs and Psychotropic. Substances Act, 1985--Sections 15 and 50-Accused prosecuted for possessing 15 bags of poppyhusk-Accused C found sitting on the bags-Search of bags by Police-Plea of false implication by accused-Negatived-Conviction by Trial Court-Acquittal by High Court for search of bags ~ould no/ amount-to search of the person of.the accused-Also in the facts and circumstances of the case, false implication of accused not acceptable. D PW-3 and PW-1, the police officials, were on patrol duty. PW-3 got a secret information that at a particular place poppyhusk was
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