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