VidhiSangh

Supreme Court of India · 27/09/2019

STATE OF RAJASTHAN versus SAHI RAM

[2019] 14 S.C.R. 1117 · 2019 INSC 1096

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Summary

The High Court acquitted an accused of transporting poppy straw because the entire seized contraband had not been exhibited. The Court held that non-production of the bulk material alone did not justify acquittal where seizure was otherwise proved and the samples were linked to the seized material through reliable evidence. It restored the conviction while reducing substantive imprisonment to ten years.

Issues

  1. Whether failure to exhibit the entire seized contraband by itself required acquittal.
  2. Whether the evidence established seizure and warranted restoration of conviction.

Held

Result

The State’s appeal was allowed and the conviction restored. Substantive rigorous imprisonment was reduced from fifteen to ten years; the fine of Rs.1,50,000 and one year’s default rigorous imprisonment remained unchanged. The respondent was directed to surrender within seven days, failing which police were to take him into custody.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 1117.