2016 (4) TMI 1023

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.... 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 convicti....

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.... However, what could not be dislodged by the learned counsel for the appellant during the course of hearing of the appeal was that the finding of the High Court that the circumstances in which the recovery of articles is stated to be made from the respondent herein was doubtful. In this case, we find that the High Court has discarded the version of the prosecution by observing that the same appear....

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.... 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 two person had ran away from the house of Feroz ....

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....ht him, but this does not appear to be reasonable and it goes to the route of the prosecution case and also casts shadow of doubts on the veracity of the prosecution case. It appears that the court below did not pay any attention in this regard. The accused person has clearly stated that noting was recovered from his possession. It is stated in the evidence that the accused person was carrying a r....