IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1034 OF 2008 [Arising out of SLP (Crl.) No. 5597 of 2006]

Noor Aga …Appellant Versus State of Punjab & Anr. …Respondents J U D G M E N T S.B. SINHA, J :

Leave granted.

INTRODUCTION Several questions of grave importance including the constitutional validity of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the Act”), the standard and extent of burden of proof on the prosecution vis-à-vis accused are in question in this appeal which arises out of a judgment and order dated 9.06.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 810-SB of 2000 whereby and whereunder an appeal filed by the applicant against the judgment of conviction and sentence dated 7.6.2000 under Section 22 and 23 of the Act has been dismissed.

PROSECUTION CASE Appellant is an Afghan national.

He was arrested and later on prosecuted under Sections 22 and 23 of the Act allegedly for carrying 1 kg 400 grams of heroin as a member of crew of Ariana Afghan Airlines.

Appellant arrived at Raja Sansi Airport at about 6 p.m. on 1.08.1997.

He presented himself before the authorities under the Customs Act,