Shimla: While setting aside the judgment of Special Judge (II), Shimla, wherein a Nepalese national was sentenced rigorous imprisonment for 10 years along with fine of Rs one lakh, and in default of payment of fine to further undergo simple imprisonment for one year, the division bench of the Himachal high court on Friday acquitted the Nepalese national of the charges framed against him. The high court has observed in the judgment that since the prosecution case is rendered doubtful vis-à-vis sample sent for chemical analysis, the appellant is entitled for acquittal.
Appellant Nanda Bahadur (50), a resident of Kakri Aurha village of Nepal, had filed the appeal challenging the judgment/order dated December 30, 2017/January 4, 2018, whereby he has been convicted and sentenced for the possession of 4.9 kgs contraband by the lower court while another female accused was acquitted.
In the judgment decided on Friday, division bench of Justice Sabina and Justice Satyen Vaidya observed that provisions under the NDPS Act provide harsh punishment. Consequently, the responsibility on the prosecution is higher to prove its case by leading cogent and convincing evidence. However, the fact that some more packets were also found in the parcel sent to the Forensic Science Laboratory, than the articles kept by the investigating officer in the cloth parcel at the time of recovery of the contraband, renders the prosecution story doubtful.
Accordingly, allowing the appeal, division bench set aside the judgment of conviction dated December 30, 2017 and order of sentence dated January 4, 2018, passed by the Special Judge (II), Shimla, and acquitted the appellant of the charges framed against him. “Appellant be set at liberty forthwith, if not required in any other case,” court said.
Start a Conversation
Post comment