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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.
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....
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....
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....
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....
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