Naresh Kumar alias Nitu vs The State of Himachal Pradesh - Supreme Court Important Judgment 2017

 Naresh Kumar alias Nitu vs The State of Himachal Pradesh - Supreme Court Important Judgment 2017 - 

 

On 27th July, 2017, in the case of Naresh Kumar alias Nitu v. The State of Himachal Pradesh [Criminal Appeal No.1053 of 2016], it was held that presumption against the accused of culpability under Section 35, and under Section 54 of the Narcotic Drugs and Psychotropic Substances Act, 1985 “to explain possession satisfactorily, are rebuttable. It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt. The presumptive provision with reverse burden of proof, does not sanction conviction on basis of preponderance of probability. Section 35(2) provides that a fact can be said to have been proved if it is established beyond reasonable doubt and not on preponderance of probability.”

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