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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Tarlok Singh Chauhan, Sushil Kukreja
State of Himachal Pradesh – Appellant
Versus
Firoz Khan – Respondent
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been preferred by the appellant/State under Section 419 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short ‘BNSS’) against judgment, dated 12.04.2024, passed by learned Special Judge, Paonta Sahib, District Sirmaur, H.P., in Criminal Case No. 21-N/7 of 2015, whereby, the accused (respondent herein) was acquitted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act (for short ‘NDPS Act’).
2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
2(a). On 18.05.2015, a police team was on patrolling and traffic checking duty towards Paonta Sahib-Yamuna Nagar road and was checking the vehicles near Behral School and around 04:25 p.m. a motorcycle (applied for) came from Satiwala side, which was stopped for checking. Two persons were travelling on the said motorcycle and they disclosed their names as Ashok Kumar and Paramjit. Police checked the documents of the aforesaid motorcycle. Thereafter, around 04:30 p.m., accused (Firoz Khan) came on motorcycle, bearing Registration No. HP- 17C-3826, from Behral side and he was stopped. On being asked abou
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 must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
Appeal against acquittal – No interference is required with appeal against acquittal merely because some other view is possible.
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.
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
Non-compliance with Section 42(2) of the NDPS Act is fatal to the prosecution case, and the powers of the appellate court in appeals against acquittal should be exercised with caution.
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....
An appellate court must exercise caution in overriding a trial court's acquittal; substantial contradictions in witness testimonies and integrity of evidence undermine prosecution's case.
The presumption of innocence strengthens after acquittal, and appellate courts should not overturn such findings unless compelling evidence demonstrates guilt beyond reasonable doubt.
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