Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2009

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.

STATE OF RAJASTHAN vs MANOJ SHARMA · Niyam