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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of Himachal Pradesh – Appellant
Versus
Karam Singh – Respondent
JUDGMENT :
Romesh Verma, J.
The present appeal arises out of the judgment of acquittal as passed by the learned Special Judge (III), Mandi, District Mandi, H.P. on 27.04.2015 whereby the present respondent has been acquitted of the charges framed against him under Sections 20 and 18 of the Narcotic Drugs and Psychotropic Substances Act (for short ‘NDPS Act’).
2. The case of the prosecution is that on 10.03.2010 Inspector Hemant Kumar along with SI Kamla Ghai, SI Rishi Raj, HC Yog Raj, Constable Rajesh Kumar, Constable Pramod Kumar and HHG Mehar Singh, was on patrolling duty and detection of crime in Govt. vehicles bearing registration No. HP-33A-8793 and HP-03-2072 which were being driven by drivers Constable Hira Lal and HHG Vikku Ram, respectively. When the police party was present at place Kao Road, which was one kilometer ahead of Thalaut Bridge and had laid a ‘naka’ there, then, at about 4.30 a.m., one person came from the side of village Basan and the said person was stopped by the police party. One seeing the police party, he got scared and at once tried to run away. On the basis of suspicion, the said person was apprehended by the police party. On inquiry, he disclosed his na
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
Appeal against acquittal – No interference is required with appeal against acquittal merely because some other view is possible.
In appeals against acquittal, the appellate court must respect the presumption of innocence and only intervene when the trial court's findings demonstrate clear legal error or perverse reasoning.
Non-compliance with Section 42(2) of the NDPS Act is fatal to the prosecution case, and the powers of the appellate court in appeals against acquittal should be exercised with caution.
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
The presumption of innocence strengthens after acquittal, and appellate courts should not overturn such findings unless compelling evidence demonstrates guilt beyond reasonable doubt.
An appellate court must exercise caution in overriding a trial court's acquittal; substantial contradictions in witness testimonies and integrity of evidence undermine prosecution's case.
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.
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