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Supreme Court of India · 02/03/2020

THAN KUNWAR versus STATE OF HARYANA

[2020] 3 S.C.R. 1090 · 2020 INSC 241

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Summary

The Supreme Court upheld an NDPS conviction based on opium recovered from a bag. The separate personal search yielded no contraband, so the alleged Section 50 defect did not invalidate the bag recovery. Non-production of the entire seized material and absence of independent witnesses did not undermine the established seizure and sample evidence on these facts. The appellant remained free to seek appropriate relief for transfer to a prison nearer her family.

Issues

  1. Whether the alleged personal-search defect invalidated contraband recovered from the bag.
  2. Whether non-production of all contraband or absence of independent witnesses required acquittal.

Held

Result

Appeal dismissed and bail bond cancelled, subject to liberty to seek appropriate relief regarding prison location.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 1090.