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1 - 10 of 17 (0.24 seconds)The Narcotic Drugs And Psychotropic Substances Act, 1985
Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 29 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 54 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Article 21 in Constitution of India [Constitution]
Sarvothaman Guhan @Sarvo vs Narcotics Control Bureau on 13 September, 2023
3.8 Moreover, there is a material discrepancy in the weight of the
contraband allegedly recovered from the Applicant. As per the application
under Section 52A filed by the NCB, the quantity of recovered contraband
was indicated as 3.5 grams, however, in the order dated 24th July, 2023
passed on the said application, the total weight of the seized contraband has
been noted by the Trial Court as 2.5 grams. This inconsistency casts serious
doubts on the reliability of the said recovery. Reliance is placed on
Sarvothaman Guhan v. Narcotics Control Bureau7 and Rajesh Jagdamba
Avasthi v. State of Goa8.
Rajesh Jagdamba Avasthi vs State Of Goa on 3 November, 2004
3.8 Moreover, there is a material discrepancy in the weight of the
contraband allegedly recovered from the Applicant. As per the application
under Section 52A filed by the NCB, the quantity of recovered contraband
was indicated as 3.5 grams, however, in the order dated 24th July, 2023
passed on the said application, the total weight of the seized contraband has
been noted by the Trial Court as 2.5 grams. This inconsistency casts serious
doubts on the reliability of the said recovery. Reliance is placed on
Sarvothaman Guhan v. Narcotics Control Bureau7 and Rajesh Jagdamba
Avasthi v. State of Goa8.
Mohan Lal vs State Of Rajasthan on 17 April, 2015
In Mohan Lal v. State of Rajasthan13,
the Supreme Court held that 'conscious possession' entails not only physical
custody of the contraband but also the presence of animus, i.e., knowledge
of and intention to exercise control or dominion over the substance.
Accordingly, the prosecution is required to establish that the accused had
personal knowledge of the existence of the contraband and had the intent to
maintain control over it.
Tofan Singh vs The State Of Tamil Nadu on 29 October, 2020
Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1
12
Rakesh Kumar Raghuvanshi v. State of Madhya Pradesh, 2025 SCC OnLine SC 122
Signature Not Verified
Digitally Signed BAIL APPLN. 591/2025 Page 13 of 15
By:NITIN KAIN
Signing Date:21.07.2025
19:12:56
accused or trafficking network. In the absence of such corroboration, and
given the settled position that confessions under Section 67 are insufficient
without supporting evidence, this Court is of the view that the benefit of
doubt ought to enure to the Applicant at this stage. Accordingly, for the
limited purpose of bail, there are reasonable grounds to believe that the
Applicant is not guilty of the offence alleged. The first limb of Section
37(1)(b) of the NDPS Act is therefore satisfied.