VidhiSangh

Supreme Court of India · 11/12/2021

KALLU KHAN versus STATE OF RAJASTHAN

[2021] 9 S.C.R. 700 · 2021 INSC 873

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Summary

The Court upheld the NDPS conviction arising from a chance recovery of smack beneath the seat of a motorcycle driven by the accused on a public road. The proven seizure was governed by Section 43, and Section 50’s personal-search safeguards did not govern the vehicle recovery. Credible police testimony was not disqualified by absence of independent witnesses. Non-production of the entire contraband was not fatal where seizure, intact samples and forensic proof were established. The appellant had already served the sentence and paid the fine, so no further custody direction was required.

Issues

  1. Whether the vehicle recovery was invalid because of the officer’s posting, absence of independent witnesses or alleged non-compliance with personal-search safeguards.
  2. Whether vehicle ownership and non-production of the entire contraband undermined the conviction.

Provisions considered

Held

Result

Appeal dismissed and conviction and sentence maintained. As the appellant had already served the sentence and been released after payment of the fine, no further directions were issued.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 700.