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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA, VIVEK SINGH THAKUR
Bhoop Singh – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. appeal against ndps section 20 conviction. (Para 1 , 5 , 6 , 7 , 8 , 28) |
| 2. recovery of 1.3 kg charas from accused. (Para 2 , 3) |
| 3. raiding party details recovery procedures. (Para 9 , 10 , 24 , 25) |
| 4. chain custody seals maintained intact. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. independent witness turns hostile. (Para 26 , 27) |
| 6. parties argue evidence contradictions. (Para 29 , 30 , 31) |
| 7. raiding party composition discrepancies. (Para 32 , 33 , 34) |
| 8. non-examination of witness fatal. (Para 35) |
| 9. hostile witness undermines prosecution case. (Para 36 , 37) |
| 10. timeline procedural contradictions material. (Para 38 , 39 , 40 , 41 , 42) |
| 11. contradictions grant benefit of doubt. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 12. acquittal on appeal ordered. (Para 50 , 51 , 52) |
JUDGMENT :
Romesh Verma, J.
The present appeal arises out of the judgment of conviction as passed by the learned Special Judge-II, Kullu, Himachal Pradesh, on 15.11.2019, whereby, the present appellant has been convicted and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- for the offence punishable under Section 20 of the Narcotic Drug
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....
Material contradictions in key witness testimonies on contraband possession vitiate NDPS prosecution case, entitling accused to acquittal on benefit of doubt despite recovery.
Acquittal under NDPS Section 20 upheld in appeal; no interference absent perversity where independent witnesses turn hostile denying recovery and contradictions undermine prosecution evidence.
Point of Law : It is not necessary that without support of independent witness, prosecution case cannot stand, however, for arriving at such conclusion, evidence led by prosecution must appear to be ....
Point of Law : In a case under the NDPS Act, reverse burden applies. Once the prosecution discharges its initial burden, it is for the accused to explain, though the standard of proof for both is dif....
NDPS conviction upheld in chance recovery despite hostile independent witness and minor official contradictions; non-association of independents not fatal; case property integrity via intact seals; S....
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 ....
Point of Law : Seizure - In a matter pertaining to seizure of contraband under the NDPS Act, the most crucial element is the question of seizure. The seizure has to be proved by the State beyond all ....
Pre-search consent memo mentioning specific NDPS section infers post-recovery fabrication; contradictions in police testimonies, failure to secure independent witnesses near populated area, and lack ....
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