Supreme Court of India · 2009-03-03
STATE OF RAJASTHAN vs MANOJ SHARMA
- Citation / case number
- SC 2002/10076
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- MANOJ SHARMA
- Author
- 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 a person. The Court found that the High Court erred in acquitting Manoj Sharma due to non-compliance with Section 50, as the evidence showed the difficulties in procuring independent witnesses. Consequently, Sharma was convicted under Section 27 of the Act for possession of a small quantity of opium, with his sentence reduced to the period already undergone. The acquittal of Mohammed Rafiq was upheld due to deficiencies in the charge against him.