Search Results for "reverse burden of proof"

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Supreme Court

Supreme Court Upholds Acquittal of Accused in Narcotics Case Due to Procedural Violation in Search. The Court held that non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by providing a third option for search before a police officer vitiated the trial, and the limited scope of interference in appeals against acquittal prevented reversal.

16 Mar 2026

The criminal appeal arose from a judgment of the High Court of Himachal Pradesh that set aside the conviction and sentence of the accused under Sectio...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Circumstantial Evidence and Inadmissible Electronic Records. Conviction Overturned as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt Based on Call Detail Records Without Section 65-B Certificate and Unreliable Recovery Evidence Under Indian Penal Code, 1860 and Indian Evidence Act, 1872.

10 Mar 2026

The dispute involved a criminal appeal against conviction for murder under Sections 302/34 and 201 of the Indian Penal Code, 1860. The appellant, Poor...

Supreme Court

Supreme Court Overturns Tribunal Ruling, Declares Assam Resident Indian Citizen. Procedural Unfairness and Insufficient Evidence Lead to Landmark Judgment Ensuring Justice and Upholding Natural Rights

11 Jul 2024

Md. Rahim Ali, declared a foreigner by the Foreigners Tribunal in Nalbari, Assam. Rahim Ali challenged this decision, presenting various pieces of evi...

Supreme Court

Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

14 Dec 2021

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

Supreme Court

Supreme Court Sets Aside High Court's Acquittal Under POCSO Act, Restores Conviction for Sexual Assault Without Skin-to-Skin Contact Requirement. The Court held that 'sexual assault' under Section 7 of the Protection of Children from Sexual Offences Act, 2012, does not require direct skin-to-skin contact; physical contact with sexual intent suffices, overturning the High Court's narrow interpretation.

18 Nov 2021

The Supreme Court of India adjudicated multiple criminal appeals arising from judgments of the Bombay High Court, Nagpur Bench, concerning interpretat...

Supreme Court

Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

6 Oct 2021

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Acquits Appellant in NDPS Case Due to Lack of Conscious Possession and Flawed Investigation. Conviction for cannabis recovery quashed as prosecution failed to prove ownership and possession beyond reasonable doubt under Sections 8C, 20(b)(ii)(c), 35, 54 of NDPS Act.

5 Aug 2020

The appellant, Gangadhar alias Gangaram, was convicted under Section 8C read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substanc...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

30 Jul 2019

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Charas Possession — Informant as Investigating Officer Does Not Automatically Vitiate Trial. The Court held that Section 50 NDPS Act does not apply to search of bags, and the informant being the investigating officer does not per se vitiate the trial if no prejudice is shown and the law was nebulous.

11 Feb 2019

The appellant, Varinder Kumar, was convicted under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for posses...

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