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february 2024

Supreme Court of India · 2024-02-14

PALANI vs THE TAMIL NADU STATE

Citation / case number
SC 2021/32140
Court
Supreme Court of India
Petitioner
PALANI
Respondent
THE TAMIL NADU STATE
Author
SANJAY KAROL
Bench
HON'BLE MR. JUSTICE ARAVIND KUMAR HON'BLE MR. JUSTICE SANJAY KAROL

Judgment text excerpt

The Supreme Court upheld the conviction under Section 18A read with Section 28 of the Drugs and Cosmetics Act, 1940, while setting aside the conviction under Section 18(c) read with Section 27(b)(ii) due to lack of evidence proving the appellant's intent to sell the confiscated drugs. The Court emphasized that mere possession without proof of sale or distribution does not constitute an offence under Section 18(c). The appellant was entitled to a refund of the fine imposed for the set-aside conviction.

PALANI vs THE TAMIL NADU STATE · Niyam