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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of Himachal Pradesh – Appellant
Versus
Rajinder @ Raju – Respondent
JUDGMENT :
Romesh Verma, J.
The present appeal arises out of judgment of acquittal, as passed by the learned Special Judge-III, Solan dated 2.5.2015, whereby the accused/respondent has been acquitted in case FIR No. 95/2010, dated 25.7.2010, registered at Police Station Dharampur, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act).
2 The facts, as enumerated by the prosecution, are that on 25.7.2010, ASI Choli Ram along with PSI Kshma Dutt, HC Hem Raj, Constable Uma Ram, Constable Devinder Kumar and Constable Ali Mohammad as per rapat No.4 went to NH22 and during this time, it was found that in Volvo bus bearing registration No. HR68-7259 of Haryana Roadways, which was coming from Delhi to Shimla, one person occupying seat No.32 was misbehaving and fighting with the passengers. After seeing the police officials, the said person immediately got up from his seat and started to flee towards door of the bus. The said person was carrying green coloured bag and he tried to escape from the police. The said person was apprehended and thereafter taken to the Police Station along with conductor, driver and other passengers of the bus. The name of
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Material contradictions in key witness testimonies on contraband possession vitiate NDPS prosecution case, entitling accused to acquittal on benefit of doubt despite recovery.
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Appeal against acquittal in NDPS case dismissed as trial court view not perverse; independent witnesses resiling from driver identification and lack of possession link creates reasonable doubt justif....
The appellate court affirmed that a trial court's acquittal may not be disturbed unless it is found to suffer from patent perversity or misreading of evidence.
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