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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Tarlok Singh Chauhan, Mr. Justice Sushil Kukreja, JJ
State of Himachal Pradesh – Appellant
Versus
Pratap Singh Alias Chotu – Respondent
| Table of Content |
|---|
| 1. recovery of contraband (Para 2 , 3 , 4 , 5 , 6) |
| 2. prosecution's contention (Para 7) |
| 3. defense's contention (Para 8) |
| 4. review of evidence (Para 9) |
| 5. presumption of innocence (Para 10) |
| 6. scope of appellate court (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 7. dismissal of appeal (Para 34) |
JUDGMENT :
Sushil Kukreja, J.
1. The present appeal has been preferred by the appellant-State under Section 378 of the Code of Criminal Procedure (Cr.PC) against the judgment of acquittal dated 26.02.2015 passed by the learned Additional Sessions Judge-cum-Special Judge (CBI), Shimla, H.P., in Sessions Trial No. 11-T/7 of 2013/12, whereby the accused (respondent herein) was acquitted of the offence punishable underSection 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘NDPS Act’).
2. Briefly stated the facts of the case, giving rise to instant appeal as per the prosecution story, are that on 07.01.2012, a police party headed by ASI Vijay Kumar was on patrolling duty towards Balag Kainchi-Basadhar road and when the said police party was present 300 metres ahead of Balag Kainchi towards
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
Appellate courts should not interfere with acquittal if trial court's view possible despite contradictions in police evidence and hostile independent witness, as suspicion cannot replace proof beyond....
Appellate courts should not interfere with acquittal in NDPS cases if trial court's view reasonable, absent perversity; material contradictions in police testimonies and non-association of independen....
Appellate courts uphold trial court acquittals in NDPS cases unless perverse; material contradictions in police testimonies, sealing discrepancies, and non-association of available independent witnes....
In NDPS acquittal appeals, courts interfere only if perverse; discrepancies in police evidence, non-association of available independent witnesses, seal issues, and custody gaps justify upholding acq....
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn them, especially in cases of acquittal.
The acquittal of an accused cannot be overturned unless compelling evidence beyond reasonable doubt is provided, emphasizing the presumption of innocence and the credibility of witness testimonies.
The appellate court cannot overturn an acquittal unless the trial court's view is unreasonable; failure to comply with mandatory provisions of Section 50 of the NDPS Act renders evidence inadmissible....
Acquittal under NDPS Act upheld in appeal due to Section 50 non-compliance (invalid third option, improper waiver), witness inconsistencies, lack of independent witnesses on busy highway, and plausib....
The appellate court affirmed that a trial court's acquittal may not be disturbed unless it is found to suffer from patent perversity or misreading of evidence.
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