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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Ranjan Sharma, JJ
State of Himachal Pradesh – Appellant
Versus
Rakesh Kumar – Respondent
| Table of Content |
|---|
| 1. overview of prosecution case and trial court acquittal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. critical analysis of evidentiary contradictions regarding procedures and testimonies. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 3. final evaluation of reasonable doubt leading to dismissal of appeal. (Para 31 , 32 , 33 , 34 , 35) |
Vivek Singh Thakur, Judge
State has preferred this appeal against judgment dated 21.12.2013 passed by Special Judge-II, Solan, District Solan in Sessions Trial No.12-S/7 of 2010 titled ‘State of Himachal Pradesh vs. Rakesh Kumar & Anr.’ in case FIR No.03/2009 dated 09.10.2009 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) in Police Station State CID Bharari, Shimla, H.P., whereby the Trial Court has acquitted the respondents of charge under Section 20 NDPS Act.
2. According to prosecution case, 3.800 Kilogram Charas was recovered from respondents, when they were intercepted by the police party near Ochhghat Bye-pass, Kumarhatti, on 09.10.2009 at about 11:00 am on a motorcycle bearing registration No.HP-07-7088 being driven
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