Supreme Court of India · 2006-12-14
Francis Stanly @ Stalin vs Intelligence Officer, Narcotic ...
- Citation / case number
- AIR 2007 SUPREME COURT 794
- Court
- Supreme Court of India
- Petitioner
- Francis Stanly @ Stalin
- Respondent
- Intelligence Officer, Narcotic ...
- Author
- Markandey Katju
- Bench
- S. B. Sinha, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the conviction of the accused under the NDPS Act, emphasizing that the prosecution must establish the chain of custody of the seized narcotic drugs as per Section 20 of the NDPS Act. The Court reiterated that the burden of proof lies on the prosecution to demonstrate that the substance recovered was indeed a narcotic drug and that proper procedures were followed during the search and seizure. The appeal was dismissed, affirming the lower court's decision.