JEET RAM vs STATE OF H.P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT OF HIMACHAL PRADESH
TARLOK SINGH CHAUHAN, J
JEET RAM – Appellant
Versus
STATE OF H.P. – Respondent

Advocates:
For the Appellants/Petitioners: MS. DEVYANI SHARMA
For the Respondents: SH. ASHOK SHARMA, SHRI VINOD THAKUR, SH. SHIV PAL MANHANS, SH. BHUPINDER THAKUR, SH. RAJAT CHAUHAN

Table of Content
1. conviction based on improper evidence handling (Para 1 , 2 , 3)
2. defense claims inconsistencies in prosecution's case (Para 4 , 5)
3. doubts regarding sample integrity and evidence handling (Para 6 , 7 , 8 , 9 , 10)
4. requirement for procedural compliance in handling narcotics evidence (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. court's decision to acquit based on failure of prosecution's burden of proof (Para 20 , 21 , 22)

JUDGMENT

This criminal appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Solan, Camp at Nalagarh, in Sessions Trial No. 5-NL/7, dated 17.07.2008, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.20,000/- (Rs. Twenty Thousand) and in default to further undergo rigorous imprisonment for six months for the commission of offence punishable under Section 15 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘Act’).

2. The brief facts of the prosecution case are that the accused on 29.09.2006 at about 4:45 am, SHO/Inspector Som Dutt of Police Station Nalagarh alongwih SI Kamal Kishore, SI

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HIGH COURT OF HIMACHAL PRADESHTARLOK SINGH CHAUHAN, JJEET RAM – AppellantVersusSTATE OF H.P. – Respondent

HIGH COURT OF HIMACHAL PRADESH
TARLOK SINGH CHAUHAN, J
JEET RAM – Appellant
Versus
STATE OF H.P. – Respondent