Supreme Court of India · 2019-02-11
VARINDER KUMAR vs THE STATE OF HIMACHAL PRADESH
- Citation / case number
- SC 2010/31288
- Court
- Supreme Court of India
- Petitioner
- VARINDER KUMAR
- Respondent
- THE STATE OF HIMACHAL PRADESH
- Author
- HON'BLE MR. JUSTICE NAVIN SINHA
- Bench
- HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for possession of 'charas'. The Court found that the High Court correctly reversed the Trial Court's acquittal, noting compliance with the NDPS Act's procedural requirements and the sufficiency of evidence despite the absence of local independent witnesses. The Court emphasized that the absence of witnesses from the same locality did not violate Section 100(4) of the Code of Criminal Procedure, and the appellant's previous convictions under the NDPS Act were relevant to the case.