STATE OF PUNJAB versus HARI SINGH & ORS.

STATE OF PUNJAB versus HARI SINGH & ORS.

The High Court rightly acquitted the accused because, although there was evidence of conscious possession, no question relating to possession was put to the accused under Section 313 CrPC; such an omission is not an empty formality and vitally affects the prosecution case, vitiating the conviction.

Parties
Appellant: State of Punjab; Respondent: Hari Singh & Ors.
Jurisdiction
India
Judgment Date
16 February 2009
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal Against Acquittal
Outcome
Appeal dismissed.
Legal Topics
Conscious Possession, Examination Under Section 313 Cr PC, Narcotic Drugs and Psychotropic Substances Act, 1985, Natural Justice, Interpretation of 'may' and 'shall', Audi Alteram Partem
Criminal Law Narcotic Drugs Conscious Possession Examination Under Section 313 Cr PC Narcotic Drugs and Psychotropic Substances Act, 1985 Natural Justice Interpretation of 'may' and 'shall' Audi Alteram Partem

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Parties

State of Punjab

Appellant

Hari Singh & Ors.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal Against Acquittal

Legal Issues

  1. 1 Whether the prosecution established 'conscious possession' of contraband by the accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
  2. 2 Whether the failure to put questions regarding possession to the accused under Section 313 CrPC vitiated the trial.

Ratio Decidendi

The High Court rightly acquitted the accused because, although there was evidence of conscious possession, no question relating to possession was put to the accused under Section 313 CrPC; such an omission is not an empty formality and vitally affects the prosecution case, vitiating the conviction.

Court Disposition

Appeal dismissed.

Orders

  • Directions by High Court for initiation of action against some officials are expunged.