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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of H.P. – Appellant
Versus
Govind Ram – Respondent
| Table of Content |
|---|
| 1. appeal against acquittal in ndps case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties argue on trial court's acquittal findings. (Para 7 , 8 , 9) |
| 3. limited interference in appeals against acquittal. (Para 10 , 11 , 12 , 13 , 14) |
| 4. prosecution witnesses detail recovery and procedures. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. prosecution evidence full of contradictions and inconsistencies. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 6. withholding independent witnesses fatal to prosecution. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 7. case property handling raises suspicion. (Para 48 , 49) |
| 8. acquittal upheld; appeal dismissed. (Para 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60) |
JUDGMENT :
Romesh Verma, Judge
The present appeal arises out of the judgment of acquittal passed by the learned Special Judge-II, Chamba, District Chamba, H.P. on 25.03.2015, whereby, respondent has been acquitted of the charges in case FIR No. 122/2014 dated 12.04.2014, registered at Police Station Sadar, Chamba, District Chamba, H.P. under Section 20 of Narcotic Drugs and Psychotropic Substances Act, (for short ‘NDPS Act’).
2. The story, as
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 ....
Appeal against acquittal under NDPS Act: Interference only if trial court's view perverse or impossible; here, witness inconsistencies, procedural lapses justify upholding acquittal.
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....
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; trial court's view upheld as not perverse due to witness contradictions, procedural lapses like unrecorded prior information, no independent witness....
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....
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.
Material contradictions in key witness testimonies on contraband possession vitiate NDPS prosecution case, entitling accused to acquittal on benefit of doubt despite recovery.
Appeal against acquittal – No interference is required with appeal against acquittal merely because some other view is possible.
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