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Supreme Court of India

Kallu Khan v. State of Rajasthan

Neutral citation
Reported as [2021] 9 S.C.R. 700
Bench Indira Banerjee and J. K. Maheshwari JJ.
Decided 11 December 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the foregoing discussion, looking to the facts of the present case, in our considered opinion, the findings concurrently recorded by the Courts holding the accused guilty for the charges and to di rect him to undergo sentence as prescribed, do not suffer from any perversity, illegality, warranting interference by this Court.

Judgment, page 10

From the headnote

Narcotic Drugs and Psychotropic Substance Act – ss.8 , 21, 43, 50 – Appellant convicted u/ss.8, 21 – Affirmed by High ourt – On appeal, held: As recovery of the contraband from appellant’s motorcycle was a chance recovery on a public road, the provisions of s.43 would apply – Seizure of the motor cycle from ap pellant is proved beyond reasonable doubt, therefore, the ques tion of ownership of vehicle is not relevant – Compliance o f s.50 not attracted in the present case – Concurrent findings by courts holding the appellant guilty and directing him to undergo t he prescribed sentence not

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