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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Punjab – Appellant
Versus
Harpreet Singh @ Happy – Respondent
JUDGMENT
Mrs. Sukhvinder Kaur, J.
Appellant-State of Punjab has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 05.05.2015, pertaining to FIR No.213 dated 26.12.2012, under Section 22 /61/85 of the NDPS Act, registered at Police Station 'C' Division, Amritsar, passed by learned Judge, Special Court, Amritsar, vide which respondent/accused-Harpreet Singh @ Happy has been acquitted.
2. The factual scenario, as per the prosecution, is that on 26.12.2012, when ASI Gulwinder Singh along with police party was going to Sakatri Bagh, Nigam Colony in connection with routine patrolling and checking of bad elements, then the police party noticed that accused was coming from the side of Gian Ashram School. On seeing the police party, he got perplexed and tried to throw away a polythene bag, which he was holding in his hand but the Investigating Officer apprehended him with the help of the police party on the basis of suspicion. Upon asking, he disclosed his name as Harpreet Singh @ Happy son of Mukhtiar Singh besides other particulars. Then Investigating Officer after disclosing his identity to the accused, told him that he had the su
Prosecution must establish its case beyond reasonable doubt, especially in narcotics cases, where procedural integrity is critical for securing a conviction.
The prosecution must prove its case beyond a reasonable doubt, and the absence of key witness testimony undermines the credibility of the prosecution's narrative.
The main legal point established in the judgment is the requirement to prove the case beyond a reasonable doubt, the importance of corroborative evidence, and the need to follow statutory requirement....
The main legal point established in the judgment is the importance of following proper procedure in the investigation, ensuring the integrity of evidence, and the need for credible evidence to establ....
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