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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
| Table of Content |
|---|
| 1. appeal against ndps acquittal post-trial (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. police witnesses describe raid recovery procedures (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. state challenges acquittal respondent defends (Para 27 , 28 , 29) |
| 4. limited scope interfering acquittal appeals (Para 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. witness contradictions undermine prosecution reliability (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 6. proof beyond doubt required conviction (Para 51 , 52 , 53 , 54) |
| 7. appeal dismissed acquittal upheld (Para 55 , 56 , 57) |
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 Meha
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 under NDPS Act dismissed due to prosecution lapses including no independent witnesses, material contradictions in evidence, sample weight variations, and chain of custody gap....
Appellate interference in acquittal limited to perverse findings or sole guilt view; upheld where contradictions, non-examination of independent witnesses, and custody lapses render prosecution case ....
Acquittal under NDPS Section 20 upheld in appeal; no interference absent perversity where independent witnesses turn hostile denying recovery and contradictions undermine prosecution evidence.
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....
Appeal against acquittal under NDPS Act dismissed; trial court's view upheld as not perverse due to witness contradictions, procedural lapses like unrecorded prior information, no independent witness....
Appeal against acquittal under NDPS Act: Interference only if trial court's view perverse or impossible; here, witness inconsistencies, procedural lapses justify upholding acquittal.
Appellate courts should not interfere with acquittal if trial court's view possible despite contradictions in police evidence and hostile independent witness, as suspicion cannot replace proof beyond....
In NDPS acquittal appeals, courts interfere only if perverse; discrepancies in police evidence, non-association of available independent witnesses, seal issues, and custody gaps justify upholding acq....
In appeals against acquittal under NDPS Act, interference justified only if trial court's view perverse or based on misreading evidence; material contradictions in recovery witnesses and lack of inde....
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