Supreme Court of India
Basheer@n.p. Basheet v. State of Kerala
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From the headnote
Narcotic Drugs and Psychotropic Substancs Act, 1985: Ss. 21 and 27(2)-Narcotic Drugs-Stated to be for personal consumption-Onus to prove-Accused found selling brown sugar-On search small packets containing brown sugar recovered from his pocket Conviction-Contention that small quantity of 1.2 gram of brown sugar recovered from accused be presumed to be used for personal consumption and he be awarded a lesser sentence u/s 27-Held, in view of sub-section (2) of section 27 the burden is on the accused to prove that brown sugar recovered from him was for personal consumption-The brown sugar was
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