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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
| Table of Content |
|---|
| 1. police patrolling, suspicion, search and seizure of charas (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. investigation chain and sample forwarding to fsl (Para 7 , 8 , 9) |
| 3. trial proceedings; reliance on police witnesses cautiously (Para 10 , 11 , 12 , 13) |
| 4. contradictions in police testimonies on witness availability (Para 14 , 15 , 16 , 17) |
| 5. lapses in fsl deposit and custody chain (Para 18 , 19) |
| 6. no effort to associate independent witnesses creates doubt (Para 20 , 21 , 22 , 23 , 24) |
| 7. discrepancies in nabbing, delay, tampering, seal handling (Para 25 , 26 , 27 , 28) |
| 8. benefit of doubt; state appeal dismissed (Para 29 , 30 , 31) |
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.
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....
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 ....
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....
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