9911796707
TMI Blog2022 (3) TMI 1617X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the High Court The High Court of Himachal Pradesh at Shimla reversing the acquittal rendered in favour of the Appellants by the Trial Court The Special Judge, Fast Track, Kullu, Himachal Pradesh and order dated 20.06.2016 passed by the High Court imposing punishment of rigorous imprisonment of ten years, with imposition of fine in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) in respect of the offence punishable Under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act" for short). 2. For the sake of facility, we may reproduce the case of the prosecution as narrated by the High Court in its judgment and order under challenge: 2. The case of the prosecution, in a nut shell, is that on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecial report and produced the same before Dy. S.P. Kullu. ASI Naresh Chand deposited the parcel containing charas sealed with seal "A" and resealed with seal impression "T" along with NCB-I form in triplicate with MHC Chaman Lal, PW-1. He made necessary entry in the relevant register at Sr. No. 149. The case property was sent to FSL, Junga. The report of the FSL is Ext. PX. The investigation was completed and the challan was put up before the Court after completing all the codal formalities. 3. The prosecution mainly relied upon the testimonies of PW7 and PW8, namely Constable Om Prakash and Head Constable Nand Lal respectively. According to these witnesses, on the day in question at about 9.00 p.m. when the police party had reached the ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent order, the sentence as stated hereinabove was imposed upon the Appellant. 6. In this appeal, we have heard Mr. A. Sirajudeen, learned Senior Advocate assisted by Mr. S. Mahendran and Mr. Parnam Prabhakar, learned Advocates, and Mr. Aditya Dhawan, learned Advocate for the Appellants and Mr. Abhinav Mukerji, learned Advocate for the State. 7. It is well settled that: (A) While dealing with an appeal against acquittal, the reasons which had weighed with the Trial Court in acquitting the Accused must be dealt with, in case the appellate Court is of the view that the acquittal rendered by the Trial Court deserves to be upturned (See Vijay Mohan Singh v. State of Karnataka (2019) 5 SCC 436 at para 31, Anwar Ali and Anr. v. State of Himach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellate court on reappraisal of the evidence cannot constitute a valid and sufficient ground to interfere with an order of acquittal unless it comes to the conclusion that the entire approach of the trial court in dealing with the evidence was patently illegal or the conclusions arrived at by it were wholly untenable. While sitting in judgment over an acquittal the appellate court is first required to seek an answer to the question whether the findings of the trial court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order of acquittal is not to be disturbed. Conversely, if the appellate courtholds, for reasons to be recorded, that the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
