9911796707
|
Home
Issues involved: Conviction u/s 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 based on statements made under Section 67 of the Act without sufficient evidence of quantity of contraband articles.
Summary: The appellants were tried for offenses u/s 18 read with Section 8 of the NDPS Act. The prosecution's case involved interception of a truck carrying Opium and Dodachura. The accused admitted to selling Opium, based on statements made u/s 67 of the Act. However, the seized articles were not shown to the present appellants, and the quantity sold was not proven. The Supreme Court held that while the statements were admissible, the lack of evidence on quantity meant the accused could only be convicted u/s 18(b) of the Act. The Court noted the seriousness of the offense but considered the sentence already served by the appellants as sufficient. The conviction was confirmed, but the appellants were directed to be released immediately, and the fine imposed was waived off.
|
