Supreme Court of India · 2018-08-16
Mohan Lal vs The State Of Punjab
- Citation / case number
- AIR 2018 SUPREME COURT 3853
- Court
- Supreme Court of India
- Petitioner
- Mohan Lal
- Respondent
- The State Of Punjab
- Author
- Navin Sinha
- Bench
- Navin Sinha, R. Banumathi, Ranjan Gogoi
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, affirming a sentence of 10 years rigorous imprisonment and a fine of Rs. 1,00,000. The Court established that the burden of proof lies on the accused under Sections 35 and 54 of the NDPS Act, and the prosecution's failure to examine certain witnesses did not vitiate the investigation. The Court found that the search and recovery were sufficiently proved by the testimonies of the witnesses present during the incident.