Supreme Court of India · 2009-03-03
State Of Rajasthan vs Manoj Sharma & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 2642
- Court
- Supreme Court of India
- Petitioner
- State Of Rajasthan
- Respondent
- Manoj Sharma & Anr
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not apply when the seizure is made from inside a house rather than from the person of the accused. The Court overturned the Rajasthan High Court's acquittal of Manoj Sharma, emphasizing the State's evidence regarding the inability to procure independent witnesses. The Court convicted Sharma under Section 27 of the Act for possession of a small quantity of opium and reduced his sentence to the period already undergone, while upholding the acquittal of Mohammed Rafiq due to deficiencies in the charge against him.