SANDEEP SHARMA, VIRENDER SINGH
Hukam Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
(Virender Singh, J.)
1. Appellant, Hukam Singh, has preferred the present appeal, under Section 374 of the Criminal Procedure Code (hereinafter referred to as ‘CrPC’), against the judgment of conviction dated 28.5.2022 and order of sentence dated 6.6.2022, passed by the Court of learned Special Judge-I, Una, District Una, H.P. (hereinafter referred to as ‘learned trial Court’), in Sessions Case No.13/2020 in FIR No.143/2019, dated 11.10.2019, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘ND & PS Act’) registered with Police Station, Amb, District Una, H.P.
2. For the sake of convenience, the appellant hereinafter referred to as the accused, as referred by the learned trial Court.
3. By way of the judgment of conviction dated 28.5.2022 and order of sentence dated 6.6.2022, the accused has been convicted by the learned trial Court, for commission of the offence punishable under Section 20 of the ND & PS Act, and sentenced to undergo imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/-, and in default of payment of fine, the accused has been ordered to undergo simple imprisonment for one year
Conviction can be based upon testimonies of official witnesses, if inspire confidence.
Testimony of police officials can be sufficient for conviction in drug cases, even without independent witnesses, as long as found reliable and trustworthy.
An acquittal based on material contradictions in witness testimonies and unexplained discrepancies in the weight of recovered contraband between the scene and the forensic lab is sound, as the prosec....
Stringent punishment has been provided for offences punishable under NDPS Act.
Acquittal under NDPS Section 20 upheld in appeal; no interference absent perversity where independent witnesses turn hostile denying recovery and contradictions undermine prosecution evidence.
Material contradictions in key witness testimonies on contraband possession vitiate NDPS prosecution case, entitling accused to acquittal on benefit of doubt despite recovery.
The court reaffirmed that in narcotic cases, the prosecution bears a heavy burden of proof, and any reasonable doubt resulting from discrepancies leads to acquittal.
Material contradictions in prosecution witnesses, non-examination of material witness, hostile independent witness, and procedural inconsistencies entitle accused to benefit of doubt resulting in acq....
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