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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sudhir Singh, Sukhvinder Kaur
State of Punjab – Appellant
Versus
Gurdit Singh @ Vishal – Respondent
JUDGMENT :
Sukhvinder Kaur, J. - Applicant - State of Punjab has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 25.09.2023 passed by learned Judge, Special Court, Faridkot vide which the respondents have been acquitted of the charges under Sections 22(a)/29 of the NDPS Act.
2. Factual scenario, as unfolded by prosecution is that on 07.11.2020, Inspector Sanjeev Kumar, Incharge Narcotic Cell, Faridkot received information from HC Beant Singh regarding apprehending of a person on Hari Nau-Matta link road under suspicious circumstances, who was found carrying a polythene bag hanging on the handle of his motorcycle. On seeing the police party, he became perplexed and tried to turn back but his motorcycle did not start. Since HC Beant Singh was not competent to investigate the matter falling under NDPS Act, so he had called Inspector Sanjeev Kumar to take further necessary steps in this respect. Inspector Sanjeev Kumar accompanied by Bhupinder Singh and other police officials reached at the location at about 1:45 P.M. Inspector Sanjeev Kumar tried to join some independent witness but none was available. After giving his intro
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 appellate court must respect the presumption of innocence and the trial court's findings unless compelling reasons exist to overturn an acquittal.
The prosecution must establish its case beyond reasonable doubt; discrepancies and lack of independent witnesses can lead to acquittal.
Prosecution must establish its case beyond reasonable doubt, especially in narcotics cases, where procedural integrity is critical for securing a conviction.
Acquittal of the accused under the NDPS Act is upheld as the trial court's judgment was not flawed and adhered to evidentiary standards.
Non-compliance with Section 42(2) of the NDPS Act is fatal to the prosecution case, and the powers of the appellate court in appeals against acquittal should be exercised with caution.
The main legal point established in the judgment is the significance of compliance with statutory instructions and the need for substantial compliance with NDPS Act provisions, emphasizing the impact....
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