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march 2009

Supreme Court of India · 2009-03-26

State Of Punjab vs Ram Pal

Court
Supreme Court of India
Petitioner
State Of Punjab
Respondent
Ram Pal
Author
Arijit Pasayat
Bench
P.Sathasivam, Lokeshwar Singh Panta, Arijit Pasayat

Judgment text excerpt

The Supreme Court set aside the Punjab and Haryana High Court's acquittal of Ram Pal under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, emphasizing the need to establish 'conscious possession' as per the principles laid out in Madan Lal and Anr. Vs. State of H.P. 2003 (7) SCC 465. The Court clarified that possession can be constructive and that once established, the burden shifts to the accused to prove lack of conscious possession. The matter was remitted to the High Court for reconsideration in light of these principles.

State Of Punjab vs Ram Pal · Niyam