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RAJNESH OSWAL
Asha Singh – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Rajnesh Oswal, J.
The present appeal is arising out of judgment dated 11.07.2018 and order dated 12.07.2018 passed by the learned 1st Additional Sessions Judge, Jammu (hereinafter to be referred as the trial Court) by virtue of which, the appellants have been convicted for commission of offence under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and have been sentenced to undergo rigorous imprisonment for a period of ten years each with a fine of Rs. One lakh each and in default of payment of fine, the appellants have been further ordered to undergo rigorous imprisonment for a further period of six months each.
Grounds:
2. The appellants have impugned the judgment dated 11.07.2018 and order dated 12.07.2018 on the grounds that the trial Court has not appreciated the evidence in its right perspective and further has not taken into consideration the contention of the appellants regarding non-production of material witness, namely, PW-Yasir Rashid, who carried the docket to the concerned Police Station for registration of FIR, particularly when after the closure of prosecution evidence, the said witness was summon
The prosecution must establish a clear chain of custody and provide consistent evidence to support charges under the Narcotics Drugs & Psychotropic Substances Act; otherwise, the accused may be acqui....
: While hearing acquittal appeal, Court can re-appreciate evidence, however, it should not interfere with order of acquittal if view taken by trial court is a reasonable view of evidence on record an....
Procedural compliance, veracity of prosecution story, and the role of the Executive Magistrate in resealing the sample are crucial legal principles established in the judgment.
(1) Where Police witnesses examined are reliable then prosecution case is not required to be rejected on the ground that independent witnesses were not examined.(2) Statement of witness is required t....
The recovery and seizure of contraband in NDPS cases must be proved beyond any shadow of doubt, and any substantial discrepancies or infirmities in the prosecution's case can lead to the acquittal of....
The court held that the prosecution's reliance on police witnesses is valid despite absence of independent witnesses, emphasizing that procedural defects in sample collection did not automatically in....
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