SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1995 Supreme(Raj) 208

R.P.SAXENA
SHANTI LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
DINESH MAHESHVARI, H.R.Panwar

Judgment


R. P. SAXENA, J.

( 1 ) HEARD. Perused the case diary. It is alleged that on 4. 3. 95, the S. H. O. , Police Station, Jhadol alongwith Tehsildar, Executive Magistrate, Jhadol, Motbirs and others conducted the search of the house of the petitioner on a source information to the effect that the petitioner is indulged in purchasing and selling of Ganja and Bhang. On search of his house, 325 gms. Ganja and 200 gms. of Bhang were recovered from tile possession of the petitioner and, as such, a case under Sections 8/20 of the NDPS Act was registered. The petitioner did not possess any licence for possession of the said Ganja. The petitioner in his interrogation to the 1. 0. informed that he had fallen into bad society and that he has become addicted to take Ganja and said Ganja was for his personal consumption and not for sale. The Investigating Officer has not collected any evidence to show that the petitioner is indulged in purchasing and selling of Ganja. Under Section 27 of the Act, such an offence is punishable for a period of six months only and, therefore, provisions of Section 37 of the Art cannot be pressed into service in this case. The possession of Bhang without licen



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top