NOOR AGA v. STATE OF 553 PUNJAB

16 SCC 417Reported decision2008#1060 most cited

What is NOOR AGA v. STATE OF 553 PUNJAB authority for?

Sections 35 and 54 of the NDPS Act, 1985, concerning the presumption of culpable mental state and the burden of proof on the accused for contraband possession, are not ultra vires the Constitution.

103

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Also referred to as

NOOR AGA v. STATE OF PUNJAB · 16 SCC 417 · NDPS Act Section 35 · NDPS Act Section 54 · constitutional validity · ultra vires · presumption of culpable mental state · burden of proof accused · Narcotic Drugs and Psychotropic Substances Act · criminal law constitutional challenge

Judgments citing NOOR AGA v. STATE OF 553 PUNJAB

PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-3, DELHI vs. ALCHEMIST CAPITAL LTD

ITA/251/2023HC Delhi03 May 2023

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA

Section 212(6)Section 439Section 439(2)

…hat the court has to see only if there is a genuine case against the accused and the prosecution is not required to prove the charge beyond reasonable doubt.40 37 Noor Aga vs. State of Punjab & Anr, (2008) 16 SCC 417 at paras 58, 59 38 Mohd. Muslim alias Hussain vs. State (NCT of Delhi), 2023 SCC OnLine SC 352 at paras 19-21 39 Union of India vs. Bal Mukund, (2009) 12 SCC 161 at para 28 40 Vijay Madanlal Chaudhary (supra) at para 401 Digitally Signed By:NEERAJ Signing Date:03.05.2023 10:52:00 Signature Not Verified…

B T KANTHARAJ vs. THE STATE OF KARNATAKA

WP/27680/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

NANJUNDAPPA vs. THE STATE OF KARNATAKA

WP/47827/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

THARIQ KHAN vs. STATE OF KARNATAKA

WP/8585/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SMT JANAKI vs. THE STATE OF KARNATAKA

WP/28215/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SMT. LAKSHMAMMA vs. THE STATE OF KARNATAKA

WP/6960/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SRI SHIVALINGAIAH vs. STATE OF KARNATAKA

WP/6376/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SRI H K BASAVEGOWDA vs. THE STATE OF KARNATAKA

WP/28214/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SMT. PRIYADARSHINI vs. THE STATE OF KARNATAKA

WP/35277/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

MOOSAVEER @ IBRAHIM SAB vs. STATE OF KARNATAKA

WP/13029/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

N SANTHOSH KUMAR vs. THE STATE OF KARNATAKA

WP/22667/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SRI C GOVARDHAN REDDY vs. STATE OF KARNATAKA

WP/36459/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SRI RAJANNA vs. STATE OF KARNATAKA

WP/18646/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SMT. MOTAMMA vs. DEPUTY COMMISSIONER

WP/25219/2017HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

K T THIPPERUDRAPPA vs. THE STATE OF KARNATAKA

WP/50828/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SRI A M NARAYANASWAMY vs. THE STATE OF KARNATAKA

WP/8210/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SRI M B DEVAYYA vs. THE STATE OF KARNATAKA

WP/18327/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SMT UMA BALAGAVI vs. STATE OF KARNATAKA

WP/23800/2017HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

MR G PULLA REDDY vs. STATE OF KARNATAKA

WP/56168/2018HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

SMT. B.C.DHARMA vs. THE STATE OF KARNATAKA

WP/31322/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

…n of the authorities under the Act must be construed having regard to the provisions of the Act as also the right of an accused to have a fair trial. We are not oblivious that decision in NOOR AGA vs STATE OF 553 PUNJAB reported in (2008)16 SCC 417 whereunder, it came to be held that Sections 35 and 54 of NDPS Act, 1985 are not ultra vires of the Constitution of India. It was held therein to the following effect: "23. Section 35 of the Act provides for presumption of culpable mental state. It also provides that an accused may prove that he had no such mental state with respect to…

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