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september 2001

Supreme Court of India · 2001-09-28

State Of Punjab vs Naib Din

Citation / case number
AIR 2001 SUPREME COURT 3955
Court
Supreme Court of India
Petitioner
State Of Punjab
Respondent
Naib Din
Bench
K.T. Thomas, S.N. Variava

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the conviction under Section 9 of the Opium Act was erroneous as it did not allow the prosecution to rectify the procedural lapse of not cross-examining police affidavits. The Court emphasized that the absence of cross-examination does not automatically invalidate the evidence if the accused had the opportunity to contest the prosecution's case. The Court reinstated the conviction, highlighting the importance of fair trial principles and the need for justice over procedural technicalities.

State Of Punjab vs Naib Din · Niyam