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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
State of Himachal Pradesh – Appellant
Versus
Anil Kumar @ Rinku – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. compilation of witness testimonies and contradictions. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. legal requirements under section 50 of ndps act. (Para 22 , 23) |
| 4. court confirms respondent's presumption of innocence. (Para 24) |
| 5. conclusion and dismissal of the appeal. (Para 25 , 26) |
JUDGMENT :
Vivek Singh Thakur, J.
This appeal has been preferred by State of Himachal Pradesh against judgment dated 08.04.2015, passed by Special Judge, Mandi, District Mandi, H.P. in Sessions Trial No. 23/2010, titled as State of Himachal Pradesh vs. Anil Kumar alias Rinku in case FIR No. 18/2010, dated 30.01.2010, registered in Police Station Aut, District Mandi, H.P. under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (in short ‘NDPS Act’), whereby respondent has been acquitted of charge framed for having been found in exclusive and conscious possession of 450 grams of cannabis/charas on 30.01.2010 at about 3:00 P.M. on National Highway at place Jhalogi.
2. Prosecution’s case is that on 30.01.2010, PW-9 ASI Satpal Sharma along with police party, consisting of HC Hari
Compliance with Section 50 of the NDPS Act is essential, failing which evidence obtained may be deemed inadmissible, and acquittal may be warranted due to lack of credible evidence.
Stringent punishment has been provided for offences punishable under NDPS Act.
The court emphasized strict compliance with Section 50 of the NDPS Act, holding that failure to inform the accused of his right to a personal search before a Gazetted Officer or Magistrate invalidate....
Pre-search consent memo mentioning specific NDPS section infers post-recovery fabrication; contradictions in police testimonies, failure to secure independent witnesses near populated area, and lack ....
Offering third option of police search under Section 50 NDPS Act, alongside Magistrate or Gazetted Officer, vitiates recovery from clothing; combined with procedural doubts and contradictions, mandat....
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....
Non-compliance with Section 50 of the NDPS Act during the search invalidates the recovery of contraband, leading to acquittal.
Non-association of independent witnesses in NDPS recovery at public place with traffic and habitation, absent genuine effort, coupled with inconsistencies and procedural lapses, warrants acquittal gi....
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