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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
State of Himachal Pradesh – Appellant
Versus
Deepak Bhupal alias Nandu – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
State of Himachal Pradesh has preferred this appeal against judgment dated 28.05.2013 passed by the Special Judge, Una, Himachal Pradesh, in Session Case No.08-VII-2012 titled ‘State of H.P. vs. Deepak Bhupal alias Nandu,’ in case FIR No.364 of 2010 dated 09.11.2010 (Exhibit PW-8/B) registered at Police Station Una, under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), whereby respondent has been acquitted of charge under of NDPS Act.
2. Prosecution’s case is that on 09.11.2010, Investigating Officer-SI Harjeet Singh (PW-10) along with HC Albel Singh (PW-7) and HHC Purshotam Lal (PW-9), at about 08:00 pm, was patrolling in Mehatpur Bazar, District Una. On reaching railway crossing, he noticed, in the headlights of vehicle, a person carrying a big black polythene in his left hand and was coming towards Mehatpur. On suspicion, SI Harjeet Singh (PW-10) stopped the vehicle and police personnel came out of the vehicle. The said person was then stopped by the Investigating Officer along with the accompanying police officials.
3. In the meanwhile, PW-1 Amrik Singh reached on the spot in his personal vehicle. In his presence,
Discrepancies in seals on contraband parcel, timeline contradictions, and hostile witness create reasonable doubt on case property integrity, entitling accused to acquittal under NDPS Act.
The central legal point established in the judgment is the requirement for the prosecution to establish a clear and consistent chain of evidence to prove the charges beyond a reasonable doubt.
Prosecution must establish connection and prove guilt beyond reasonable doubt to uphold NDPS Act convictions; mere assertions without reliable evidence lead to acquittal.
The prosecution must maintain an unbroken chain of custody for evidence; failure to do so can result in acquittal due to reasonable doubt.
The main legal point established in the judgment is the requirement to prove the case beyond a reasonable doubt, the importance of corroborative evidence, and the need to follow statutory requirement....
The prosecution's failure to adhere to mandatory provisions of the NDPS Act led to serious discrepancies, resulting in the acquittal of the accused.
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