Legal provisions involved: NDPS Act Section 8, 20, 23

Judgement by: Supreme Court of India

Judge/Bench: Justice K. Vinod Chandran

Facts

A Russian national was arrested near the Indo-Nepal border for allegedly carrying 1.9 kg of charas. He was convicted by the Sessions Court and High Court. The defense argued that he was illegally detained, evidence was planted, and proper search procedures were not followed. His passport and other documents showed discrepancies in the arrest timeline.

Key legal provision

NDPS Act Section 8, 20, 23

Issues raised

Was the search and seizure done correctly? Was the evidence reliable? Could the prosecution prove guilt?

Arguments of the case

The defense pointed out procedural mistakes, contradictions in witnesses’ statements, and missing records. The prosecution relied on seizure reports and statements.

Judgement

The Court found major procedural errors and inconsistencies, creating reasonable doubt. The conviction was cancelled, and the accused was acquitted.

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