Sahayata & Sahayata

The bench comprising  Justice Navin Sinha and Justice Indira Banerjee  was considering an appeal challenging conviction of an accused u/s 8 and 18(b) of the Narcotic Drugs and Psychotropic Substances Act sentence the Accused to 10 years rigorous imprisonment, along with fine of Rs. 1 lakh, with a default stipulation While considering the Appeal Hon'ble Supreme Court has observed that, though Narcotic Drugs and Psychotropic Substances Act carries reverse burden of proof, it does not absolve the prosecution from establishing a prima facie case against the accused. While considering the contentions raised on behalf of the accused, the court in   Hanif Khan @ Annu Khan vs. Central Bureau Of Narcotics   observed that: The prosecution under the NDPS Act carries a reverse burden of proof with a culpable mental state of the accused. He is presumed to be guilty consequent to recovery of contraband from him, and it is for the accused to establish his innocen...

In Pramod Suryabhan Pawar V/s State of Maharashtra : The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false promise itself must be of immediate relevance, or been a direct Nexus to the woman's decision to engage in the sexual act.