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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of Himachal Pradesh – Appellant
Versus
Manish Kumar – Respondent
| Table of Content |
|---|
| 1. chance recovery of 1.700kg charas during naka check. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. state challenges perverse acquittal; defense supports judgment. (Para 10 , 11) |
| 3. limited appellate interference absent perversity in acquittal. (Para 12 , 13 , 14 , 15 , 16) |
| 4. io details apprehension, weighing, sealing of contraband. (Para 17 , 18 , 19) |
| 5. independent witnesses hostile, deny recovery entirely. (Para 20 , 21 , 37 , 38 , 39) |
| 6. officials confirm procedural steps and custody chain. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 7. contradictions, lapses discredit prosecution evidence. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54) |
| 8. proof must exclude reasonable doubt beyond suspicion. (Para 55 , 56) |
| 9. appeal dismissed; acquittal upheld as plausible. (Para 57 , 58 , 59 , 60) |
JUDGMENT :
ROMESH VERMA, J.
1. The present appeal arises out of judgment, as passed by the learned Special Judge-II, Chamba, District Chamba, H.P., in Sessions Trial No. 34/2014, dated 20.1.2015, whereby the accused-respondent has been acquitted of the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances
Acquittal under NDPS Section 20 upheld in appeal; no interference absent perversity where independent witnesses turn hostile denying recovery and contradictions undermine prosecution evidence.
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
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 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 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....
Material contradictions in key witness testimonies on contraband possession vitiate NDPS prosecution case, entitling accused to acquittal on benefit of doubt despite recovery.
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....
Material contradictions in prosecution witnesses, non-examination of material witness, hostile independent witness, and procedural inconsistencies entitle accused to benefit of doubt resulting in acq....
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