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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
State of Himachal Pradesh – Appellant
Versus
Pandav Ram – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
State has preferred this appeal against judgment dated 30.04.2013, passed by Special Judge, Chamba, District Chamba, H.P. in Sessions Trial No. 16/12, titled as State of Himachal Pradesh vs. Pandav Ram in Case FIR No. 246/11, dated 02.10.2011, registered in Police Station, Sadar Chamba, District Chamba, H.P., under Section 20 of Narcotic Drugs and Psychotropic Substance Act, 1985 (in short ‘NDPS Act’), whereby respondent-Pandav Ram has been acquitted of charge, framed against him.
2. Prosecution’s case is that on 02.10.2011, at 8:30 P.M., police party headed by ASI Kuldeep Chand (PW-8) along with investigation kit, electronic weight measuring balance and search light, consisting of PSI Harish Kumar (PW-1), HC Ramesh Chand, No. 27, C. Naresh Kumar, No. 585 and C. Vinod Kumar, No. 485 left the Police Station, Sadar Chamba at 8:30 P.M. in Government vehicle No. HP73- 0919, driven by constable driver Vishal Kumar, No. 492 left the Police Station Sadar Chamba for patrolling and nakabandi in the Town Chamba, Hardaspura, Karian etc. by recording GD entry No. 33(A) dated 02.10.2011 (Ext. PW3/A).
3. Police party reached at Zero Point Bharmour Chowk, Chamba at a
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....
The absence of independent witnesses does not invalidate the prosecution's case if police testimonies are credible, and Section 50 of the NDPS Act is not applicable when recovery is from a bag.
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.
Point of Law : The purpose of Section 52-A is to provide a mechanism, whereby there is no misuse of the contraband recovered by the authorities and the same is kept in safe custody and/or destroyed w....
NDPS conviction upheld in chance recovery despite hostile independent witness and minor official contradictions; non-association of independents not fatal; case property integrity via intact seals; S....
Point of Law : In a case under the NDPS Act, reverse burden applies. Once the prosecution discharges its initial burden, it is for the accused to explain, though the standard of proof for both is dif....
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