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SANJEEV KUMAR, PUNEET GUPTA
Paramjeet Singh, S/o. Lachman Dass – Appellant
Versus
UT of Jammu and Kashmir, Through Police Station, Jhajar Kotli – Respondent
JUDGMENT :
Sanjeev Kumar, J.
1. This appeal by the appellant is directed against the judgment of conviction and sentence dated 22.11.2018 passed by the learned Principal Sessions Judge, Jammu (hereinafter to be referred as the ‘trial Court’), in File No. 06/Spl.Challan titled "State versus Paramjeet Singh".
2. Before we advert to the grounds of challenge urged by learned counsel appearing for the appellant, we deem it appropriate to first take note of the prosecution case as was set out before the trial Court.
3. On 06.02.2010, Head Constable Tilak Raj along with Sgct. Jagdev Singh, SPO Bodh Raj and SPO Rohit Salaria were on patrolling duty near Kishanpur and were checking the vehicles at Tawi Pul, Kishanpur. At about 3 pm, a Truck bearing Registration No. 5683/PB09E came from Udhampur which was being driven by its driver accompanied by an unknown person who was also sitting beside him. The Truck was signaled to stop by the police personnel aforesaid and the driver was asked to show the documents of the vehicle. The driver of the vehicle did stop the Truck on the spot, but on being asked about the documents of the vehicle, ran away from the spot along with Truck. The patrolling party b
Procedural irregularities in the seizure and sampling process can impact the conviction under the NDPS Act, highlighting the importance of evidence sufficiency in identification parades.
The central legal point established in the judgment is the requirement for the prosecution to establish a clear and consistent chain of evidence to prove the charges beyond a reasonable doubt.
The prosecution must prove the guilt of the accused beyond a shadow of doubt, and discrepancies in evidence can weaken the prosecution's case.
Conviction under NDPS Act overturned due to significant procedural lapses and discrepancies in evidence handling, resulting in reasonable doubt.
(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....
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