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march 2009

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.

State Of Rajasthan vs Manoj Sharma & Anr · Niyam