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.