Supreme Court of India · 2009-08-11
State Of Rajasthan vs Dulichand
- Court
- Supreme Court of India
- Petitioner
- State Of Rajasthan
- Respondent
- Dulichand
- Bench
- J.M. Panchal, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court upheld the High Court's acquittal of the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, citing lack of evidence for conscious possession of the narcotic substance and issues with the integrity of the sample's custody. The Court emphasized that the recovery location was accessible to all family members, undermining claims of exclusive possession. Additionally, the tampering of the sample seal compromised the prosecution's case, leading to the dismissal of the State's appeal against acquittal.