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RAJNESH OSWAL, RAJESH SEKHRI
State of Jammu & Kashmir – Appellant
Versus
Chain Lal – Respondent
JUDGMENT
Rajnesh Oswal, J. - The judgment of acquittal dated 19.01.2013 passed by the learned Sessions Judge, Kathua (hereinafter to be referred as trial court) in case titled, 'State vs. Chain Lal and another' for commission of offence under section 8/20 NDPS Act arising out of FIR No. 08/2008 registered with Police Station, Basohli has been impugned by the appellant on the ground that learned trial court has wrongly acquitted the respondents as the appellant had led sufficient evidence that warranted the conviction of the respondents.
2. Mr. Dewakar Sharma, Dy. AG has vehemently argued that the prosecution had successfully proved the case against the respondents by leading cogent evidence but the learned trial court has acquitted the respondents by appreciating evidence wrongly.
3. Mr. Vikas Mangotra, learned counsel for the respondents argued that there are various infirmities in the prosecution case and the recovery of contraband from the respondents is doubtful, as such, the appeal is required to be dismissed.
4. Heard and perused the record.
5. The facts as they emanate from the charge-sheet are that on 20.01.2008, a police patrol party of Police Station, Billawar had laid a Naka
In NDPS cases, the prosecution is required to prove the safe custody of the seized contraband and the integrity of the evidence chain, failing which an acquittal is justified.
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.
: 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....
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....
The principles relating to interference by the High Court in appeals against acquittal are well settled. While High Court can review entire evidence and reach its own conclusions, it will not interfe....
An acquittal based on material contradictions in witness testimonies and unexplained discrepancies in the weight of recovered contraband between the scene and the forensic lab is sound, as the prosec....
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