RAJNESH OSWAL, RAJESH SEKHRI
Union Territory of J&K – Appellant
Versus
Saleem Mohd. – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. This criminal acquittal appeal is directed against the judgment dated 30.10.2019, recorded by the court of the Principal Sessions Judge, Reasi (hereinafter to be referred as the trial court) in file No. 13/Sessions, titled State vs. Saleem Mohd. whereby the respondent has been acquitted of the charges for commission of offence under sections 8 and 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act) in FIR No. 57/2016 of Police Station, Reasi.
2. The judgment has been assailed on the ground that the learned trial court has not appreciated the evidence led by the prosecution in its right perspective during trial and has not rightly acquitted the respondent.
3. Facts as they emerge from the charge sheet are that on 18.04.2016, Police Patrolling Party headed by the SHO, Police Station, Reasi, during patrolling, apprehended the accused at Bhaga, when he on seeing the Police Party tried to run away from the spot, but was apprehended and on personal search, 250 grams charas hidden in corn cobs was recovered from his possession. A docket was sent for registration of FIR to the Police Station. Pursuant to docket, FIR bearing No. 57/20
In narcotics cases, the prosecution must establish a clear chain of custody and present all relevant witnesses, including the Investigating Officer and FSL expert, to prove the case beyond a reasonab....
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....
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.
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....
The prosecution must establish a clear link between seized contraband and samples sent for analysis, including safe custody, to prove guilt beyond reasonable doubt.
Evidence discrepancies and procedural failures hindered the prosecution case, affirming acquittal under the NDPS Act.
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.
The prosecution must prove the safe custody of seized material and the link evidence beyond reasonable doubt to establish the guilt of the accused.
: 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 court upheld the trial court's acquittal of the accused due to significant procedural violations and lack of evidence connecting them to the alleged drug possession.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.