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SUDHIR SINGH, ALOK JAIN
Balram Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. factual basis of the prosecution case. (Para 1 , 2 , 3 , 4) |
| 2. trial court's reasons for acquittal. (Para 5) |
| 3. arguments for and against the acquittal ruling. (Para 6 , 7) |
| 4. framing the main legal issue for consideration. (Para 9) |
| 5. court's evaluation of the trial findings. (Para 10 , 11) |
| 6. legal standards for appeal in acquittal cases. (Para 12 , 14) |
| 7. final decision on the appeal. (Para 15 , 16) |
JUDGMENT :
Mr. Sudhir Singh, J.
Challenge in the present appeal is to the judgment dated 26.09.2018 passed by learned Special Court, Moga (for short ‘the Trial Court’), whereby, accused-respondents No.2 and 3 were acquitted of the charges framed against them, in case bearing FIR No.49 dated 22.05.2014 registered under Section 22 of NDPS Act and Section 25 of ARMS ACT .
2. Vide order dated 29.08.2023, the lower Court records was called for. The
same has been received.
3. The prosecution case is that when 22.05.2014, ASI Sukhjinder Singh along with HC Davinderjit Singh and other police officials were on patrol duty at G.T. Road, Moga, then at about 08:15 PM, Balram Singh came there and informed ASI Sukhjinder Singh about an unclaimed Polythene bag, lying on the roof of bathroo
The presumption of innocence prevails in criminal law; an acquittal should not be disturbed unless the findings are perverse or wholly unsustainable based on the evidence presented.
Appeal against acquittal under NDPS Act dismissed due to prosecution lapses including no independent witnesses, material contradictions in evidence, sample weight variations, and chain of custody gap....
Appellate courts should not interfere with acquittal if trial court's view possible despite contradictions in police evidence and hostile independent witness, as suspicion cannot replace proof beyond....
Appeal against NDPS acquittal dismissed upholding trial court due to contradictions in official testimonies, document/FIR anomalies, weight discrepancies creating reasonable doubt; appellate interfer....
The appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
The appellate court affirmed that a trial court's acquittal may not be disturbed unless it is found to suffer from patent perversity or misreading of evidence.
Appeal against acquittal under NDPS Act dismissed; trial court's view upheld as not perverse due to witness contradictions, procedural lapses like unrecorded prior information, no independent witness....
Acquittal under NDPS Act upheld in appeal due to Section 50 non-compliance (invalid third option, improper waiver), witness inconsistencies, lack of independent witnesses on busy highway, and plausib....
Appeal against acquittal – No interference is required with appeal against acquittal merely because some other view is possible.
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