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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MAJARI NEHRU KOAL, H.S.GREWAL
Sate Of Panjab – Appellant
Versus
Leela Singh – Respondent
H.S. Grewal, J.
Today no one has put in appearance on behalf of the respondent. In the interest of justice, this Court deems it appropriate that the respondent should not be left unrepresented before this Court. Hence, Ms. Nidhi, Advocate is appointed as amicus curiae to represent the respondent in the present case.
2.The present appeal has been preferred by the State against the judgment dated 11.11.2004 passed by the learned Special Judge, Mansa in case FIR No.57 dated 22.05.2003, registered under Sections 15 , 25, and 60 of the NDPS Act at Police Station, Jhunir District Mansa whereby the respondent had been acquitted of the charges by giving him the benefit of doubt.
3.The case of the prosecution is that on 22.05.2003, ASI Harpal Singh along with police party comprising HC Ganga Ram, HC Tej Ram, HC Mela Singh, Constable Ram Singh and Constable Joginder Singh were on patrol duty. When they reached on the link road leading to village Makhewala on G.T. road Mansa-Sirsa 'T' point then one-Baljinder Singh s/o Hamir Singh, who was driving a scooter, had stopped there and the police party was talking with him. In the meanwhile, one Jeep bearing no. HR-10B-9867 came from the si
The court upheld the acquittal of the respondent under the NDPS Act due to significant inconsistencies in testimonies and doubts regarding the credibility of evidence presented by the prosecution.
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....
Prosecution must establish its case beyond reasonable doubt, especially in narcotics cases, where procedural integrity is critical for securing a conviction.
(1) Where Police witnesses examined are reliable then prosecution case is not required to be rejected on the ground that independent witnesses were not examined.(2) Statement of witness is required t....
The judgment emphasized the importance of compliance with legal provisions, credibility of witness testimonies, and conscious possession of contraband in upholding the conviction and sentence.
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....
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