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Polamarasetti Naga Sreenivasarao vs State Of A.P. on 28 February, 2007 cites

Abdul Rashid Ibrahim Mansurl vs State Of Gujarat on 1 February, 2000

10. Learned Counsel for the appellant, by relying on a judgment of the Supreme Court in Abdul Rashid Ibrahim Mansuri v. State of Gujarat 2000 (1) ALD (Crl.) 404 : 2000 Cri LJ 1384 rightly contended that the burden of proof cast on the accused under Section 35 of the Act can be discharged through different modes, by relying on the materials available in the prosecution evidence or by electing answers from the prosecution witnesses through cross-examination, to dispel any such doubt. In the absence of any evidence by the prosecution to show that there was connivance between the appellant-A.3, and A. 1 and A.2, and in the absence of any close association or relationship between them, knowledge cannot be attributed to the appellant with the contraband concealed in the gunny bags. Therefore, attributing knowledge only on the ground that the appellant tried to turn the auto on seeing the police cannot be a ground to convict the appellant and hence, the appellant is entitled for acquittal.
Supreme Court of India Cites 12 - Cited by 303 - Full Document
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