Supreme Court Awards Rs. 6 Lakh to Man Acquitted After 6 Years, Faults UP Police Probe  ||  Supreme Court: High Courts Can Restore Power on 50% Deposit in Arbitrary Theft Assessments  ||  Supreme Court: Cooperative Society Cannot Deny RTI Records as Personal if Registrar Can Access Them  ||  SC: CoC Cannot Withdraw Approved Resolution Plan Over Improved Corporate Debtor Finances  ||  Delhi High Court: 24-Week Limit Alone Cannot Restrict Medical Termination of Pregnancy  ||  Allahabad High Court Rejects Challenge to 18% GST on Online Legal Database Services  ||  Madras High Court: FIR Registration Does Not Decide Guilt; Prior Hearing of Accused Not Required  ||  Kerala High Court Orders Speedy Prosecution Sanction Process in Sabarimala Gold Theft Case  ||  Allahabad HC: Missing RT-PCR Report Cannot Bar COVID-19 Compensation if Records Confirm Infection  ||  MP High Court Directs Indore Police to Deploy Volunteers for Reporting Noise Pollution Violations    

Neer Vs. State of Himachal Pradesh - (High Court of Himachal Pradesh) (05 Nov 2018)

When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent

MANU/HP/1637/2018

Narcotics

The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the commission of the offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 ("NDPS Act"). Question raised in present case is whether order of trial convicting Appellant is sustainable.

When independent witnesses were available, but not associated, even then, if the statement of official witnesses is confidence inspiring, conviction can be based upon their un-shattered testimony. Though, non-production of the seal is not a serious consequence, however, in the present case, when the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent.

The prosecution has failed to prove the guilt of the Accused beyond the shadow of reasonable doubt and that Accused was found in exclusive and conscious possession of 1 Kg. 600 grams of char as, as alleged. The statement of police witnesses is not confidence inspiring and are full of contradiction, at the same point of time, independent witnesses, which were abundantly available were not associated and seal was not produced in the Court, makes out a case to set aside the judgment of conviction and sentence passed by the learned Trial Court. Accordingly, the appeal is allowed and the judgment of the learned Trial Court is set aside.

Tags : CONVICTION   EVIDENCE   CREDIBILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved