Monday, April 25, 2011

Narcotic Drugs and Psychotropic Substances Act 1985—Sections 15 and 25 readwith Section 35


Narcotic Drugs and Psychotropic Substances Act 1985—Sections 15 and 25 readwith Section 35—No evidence against the apellant other than that he was the co-owner of the used for transporting Narcotics and that he had given a wrong address while purchasing the truck—Whether presumption under Section 35 can be drawn against the appellant?—Held, no—In the absence of any evidence with regard to the mental state of the appellant no presumption under Section 35 can be drawn—Appeal allowed—Judgments of the Courts below set aside—Apellant acquitted.

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