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.