Supreme Court of India · 2011-01-12
IQBAL MOOSA PATEL vs STATE OF GUJARAT
- Citation / case number
- SC 2008/28685
- Court
- Supreme Court of India
- Petitioner
- IQBAL MOOSA PATEL
- Respondent
- STATE OF GUJARAT
- Author
- T.S. THAKUR
- Bench
- MARKANDEY KATJU,T.S. THAKUR, , ,
Judgment text excerpt
The Supreme Court upheld the convictions under Section 8(c) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, affirming the High Court's decision. The Court found that the prosecution had established the involvement of the appellants in the smuggling and trafficking of narcotic substances, with sufficient evidence including the seizure of psychotropic drugs and admissions made under Section 67 of the NDPS Act. The sentences of rigorous imprisonment and fines imposed by the Trial Court were also upheld, confirming the legal principle that the burden of proof lies on the accused to establish their claims of duress regarding their statements.