Supreme Court · 2019 INSC 170 · Decided 11 February 2019

Varinder Kumar v. State of Himachal Pradesh

Court
Supreme Court of India
Citation
2019 INSC 170 · [2019] 2 S.C.R. 707
Case number
CRIMINAL APPEAL No. 2450/2010
Decided
11 February 2019
Bench
RANJAN GOGOI, NAVIN SINHA, K.M. JOSEPH (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 50, 52, 57, 100(4), 161; Evidence Act Section 145; NDPS Act Section 20(ii)(c), 50, 52, 57

Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 - s.20(ii)(c) - Appellant was apprehended with two Gunny Bags on his scooter which contained varying quantities of 'Charas' - Trial Court acquitted the appellant on the grounds of non-compliance with s.100(4) of NDPS Act, and that the seal prepared at the time of seizure was not produced in the Court - High Court reversed the acquittal and convicted appellant u/s.20(ii)(c) of the NDPS Act - On appeal, held: The conclusion of the trial court was perverse in view of the fact that two specimen

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