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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Mohar Singh – Respondent
| Table of Content |
|---|
| 1. ndps recovery facts and trial acquittal (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties' contentions on acquittal validity (Para 7 , 8) |
| 3. limited appellate interference with acquittals (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. hostile independent witness undermines prosecution (Para 15 , 16 , 17) |
| 5. trustworthy police testimony is reliable (Para 18 , 19 , 20 , 21) |
| 6. police depose search and recovery details (Para 22) |
| 7. evidence contradictions create reasonable doubt (Para 23 , 24 , 25 , 26 , 27) |
| 8. suspicion cannot substitute proof (Para 28) |
| 9. acquittal upheld; appeal dismissed (Para 29 , 30) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The present appeal has been preferred by the appellant-State under Section 378 of the Code of Criminal Procedure (Cr.PC) against the judgment of acquittal dated 31.07.2013 passed by the learned Sessions Judge Shimla-cum-Special Judge under NDPS Act, in Sessions Trial No.9-S/7 of 2012, whereby the accused persons (respondents herein) were acquitted of the offences punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the ‘NDPS Act’).
2. Facts of the case, in brief, giving rise to instant appeal as per the prosecution story
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....
Appellate courts should not interfere with acquittal in NDPS cases if trial court's view reasonable, absent perversity; material contradictions in police testimonies and non-association of independen....
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....
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.
Appellate courts uphold trial court acquittals in NDPS cases unless perverse; material contradictions in police testimonies, sealing discrepancies, and non-association of available independent witnes....
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn them, especially in cases of acquittal.
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
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 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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