9911796707
|
Home
Issues involved: Appeal against conviction and sentence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Judgment Summary: The appeal was directed against the judgment of conviction and sentence rendered by the Additional Sessions Judge, Hissar, where the accused was sentenced to rigorous imprisonment and a fine for possession of narcotic substances. The prosecution's case was based on the discovery of Poppy straw in bags on a vehicle, leading to the accused being charged under Section 15 of the Act. The appellant contested that he was not informed of his right to be searched before a Gazetted Officer or Magistrate, alleging non-compliance with Section 15. However, the State argued that the accused was indeed informed of this right, as evidenced by the consent memo Ex.PA, where the accused agreed to be searched before the Investigator. Regarding the witnesses, the defense counsel contended that the independent witness did not support the prosecution's case, and a defense witness contradicted it. The prosecution countered by suggesting that these witnesses may have been influenced by the accused. The Court analyzed the evidence and found that the official witnesses' testimonies were reliable, despite challenges to their credibility. The Court cited legal precedents emphasizing the presumption of honesty in favor of police officers and the prosecution's discretion in choosing which witnesses to present. Ultimately, the Court found no merit in the appeal and upheld the conviction and sentence, concluding that there were no infirmities or illegalities in the trial court's judgment. The appeal was dismissed accordingly.
|
