9911796707
TMI Blog2016 (4) TMI 1023X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant - Criminal Appeal No(s). 1601/2005 - - - Dated:- 21-4-2016 - MR. A.K. SIKRI AND MR. PRAFULLA C. PANT. JJ For the Appellant : Mr. Shovan Mishra, Adv. And Mr. Milind Kumar,Adv. For the Respondent : Ms. Aishwarya Bhati, Adv., Mr. Rajendra Singhvi, Adv., Mr. K.K.L. Gautam, Adv. And Mr. Ashok Kumar Singh,Adv. ORDER The respondent herein was charged of the offence punishable under Sections 8/18 and 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act ). After trial, the Trial Court convicted him of the aforesaid charges. The High Court has, however, set aside the said conviction by the judgment which is impugned in the present appeal. The perusal of the ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e drugs and rifle is stated to be made simultaneously but the prosecution case has lost its legs as far as recovery of rifle is concerned and the accused person has been acquitted. Therefore, it cannot be relied upon in the present case on the basis of the evidence of the policemen that the accused person ran for 1 km. while carrying a bag in his hand. All this appears to be unnatural. There is significant contradiction in the evidence of the police officers and policemen about the place and time of arrest of accused person and as to who had arrested him. It is the clear case of the accused person after the registration of the case and the evidence led by the police officers and employees in this context is not reliable. It is stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning handwriting and in the same ink. In this manner, it is clear that this memo was prepared subsequently. It is not natural that the accused person will carry a bag in his hand for a half km. while he is running in the dark and will not throw it away. It is also alleged that a double barrel gun was recovered from the accused person and two other cases were registered against the accused person at the time. The accused person has also been acquitted with regard to the rifle vide the judgment Exh. D11. The story of recovery of rifle is found to be fabricated. In this manner, he has argued that it is not found that the accused person was carrying a bag in his hand. In view of the aforesaid findings which appear to be without any blemis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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