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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Karan Singh @ Kuku – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments of the parties (Para 7 , 8 , 9) |
| 3. court's evaluation of evidence and reasoning (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. final order of the court (Para 21 , 22) |
JUDGMENT :
Sukhvinder Kaur, J.
1. The appellant-State has preferred the instant appeal against judgment dated 27.02.2003, passed by learned Additional Sessions Judge-II, Jind, vide which respondent-accused Karan Singh @ Kuku has been acquitted.
2. Factual Scenario, as per prosecution version is that on 30.12.1998, when SI Wazir Singh along with other police officials were present on Sunder Branch Bridge on Pucca Road from village Nandgarh to village Bharon Khera and was talking with Ved Singh Ex.Sarpanch, a person came on a scooter without any number plate being driven rashly and negligently. When the said person was stopped, he perplexed and on interrogation disclosed his identity as Karan Singh @ Kuku son of Nathu Ram (accused/ respondent). On suspicion of having opium or charas in his possession, the accused was served with a notice under Section 50 of NDPS Act and the accused opted for his search in presence of a G
The presumption of innocence strengthens an acquittal, requiring overwhelming evidence for a conviction; mere discrepancies in testimony may justify maintaining an acquittal.
The prosecution must prove guilt beyond a reasonable doubt, and failure to comply with statutory requirements undermines the case against the accused.
The prosecution must establish a clear link between seized contraband and samples sent for analysis, including safe custody, to prove guilt beyond reasonable doubt.
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 prosecution must prove the safe custody of seized material and the link evidence beyond reasonable doubt to establish the guilt of the accused.
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 its case beyond reasonable doubt, and significant contradictions in evidence, along with non-compliance with statutory provisions, can lead to acquittal.
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.
Narcotic Substances - Acquittal Upheld - Appellant has failed to convince this court that during period from 23 to 27 sample was in safe custody - Provisions of NDPS Act are stringent and are require....
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