BASHEER@N.P. BASHEET versus STATE OF KERALA
In absence of evidence or specific plea showing personal consumption, and based on facts showing drug possession in multiple packets on the street indicating intent to sell, the appellant is not entitled to benefit of Section 27 NDPS Act; burden not discharged.
Source-derived case information.
- Parties
- Appellant: Basheer @ N.P. Basheet; Respondent: State of Kerala
- Jurisdiction
- India
- Judgment Date
- 20 April 2004
- Procedural Posture
- Criminal Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Narcotic Drugs and Psychotropic Substances Act, Burden of Proof, Personal Consumption, Sentencing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Basheer @ N.P. Basheet
Appellant
State of Kerala
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the accused is entitled to benefit of Section 27 of the NDPS Act based on claim of possession for personal consumption.
- 2 Whether investigation complied with Sections 42 and 50 of NDPS Act.
Ratio Decidendi
In absence of evidence or specific plea showing personal consumption, and based on facts showing drug possession in multiple packets on the street indicating intent to sell, the appellant is not entitled to benefit of Section 27 NDPS Act; burden not discharged.
Court Disposition
Appeal dismissed
Orders
- Appellant's bail bonds cancelled
- Appellant directed to surrender within 3 weeks
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