Court
Supreme Court of India
Brief
Possession of contraband substance - Trial Court convicted Appellants under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them to undergo rigorous imprisonment for a period of 10 years each and to pay fine - High Court dismissed appeal filed against said order - Whether in view of the evidence order of the High Court and Trial Court could be upheld?
Citation
Dehal Singh v. State of Himachal Pradesh (Decided on 31.08.2010) MANU/SC/0666/2010
Judgement
Held, impugned vehicle was intercepted and searched on a highway and impugned substance was weight in the weighting scale of grocery shop and it was common knowledge that weighing scale and weight kept in the grocery shop was not of such standard which can weigh articles with great accuracy and therefore difference of 15 gms. in weight, was not of much significance. Moreover, both the Appellants have been found traveling in the vehicle from which impugned substance was recovered . Once possession established the Court can presume that the accused was in conscious possession . Impugned order of High Court and Trial Court upheld . Appeals dismissed.
--
Haider Ajaz
0 comments:
Post a Comment