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2017 Supreme(HP) 54

DHARAM CHAND CHAUDHARY, AJAY MOHAN GOEL
State of Himachal Pradesh – Appellant
Versus
Tilak Raj – Respondent


Advocates Appeared:
For the Appellants : Mr. V.S. Chauhan with Mr. Vikram Thakur and Mr. Puneet Rajta.
For the Respondents: Mr. Ashwani Sharma and Mr. Mandeep Chandel.

JUDGMENT :

Dharam Chand Chaudhary, J.

1. Learned Special Judge, Kullu vide judgment dated 7.8.2014 passed in Session Trial No. 128/2013 (294 of 2013) while arriving at a conclusion that there are contradictions and omissions in the evidence produced by the prosecution has acquitted the respondent (hereinafter referred as to the ‘accused’) of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’ in short).

2. The legality and validity of the impugned judgment has been questioned on the grounds inter-alia that cogent and reliable evidence produced by the prosecution has been appreciated by learned trial Judge in a slip shod and perfunctory manner and as a result thereof, based its findings on hypothesis, surmises and conjectures. The reasoning given by learned trial Court while acquitting the accused of the charge is manifestly unrealistic, unreasonable and also unsustainable, as there was no occasion to the Court below to have discarded the well reasoned and consistent testimony of prosecution witnesses without any rhyme or reason and for untenable reasons. The acquittal of the accused in the case in hand is stated

































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