Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act 1985 - Chapter IV - ss.20 29 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Narcotic Drugs and Psychotropic Substances Act, 1985 -Chapter IV - ss.20, 29 - In the wee hours of 20.10.2009 a policepatrol party noticed a vehicle moving towards them - On seeing thepatrol party, the driver escaped and could not be apprehended -During the search of the vehicle, contraband charas was found -Appellant's bank passbook also found in the vehicle- In report u/s.173 Cr.P. C., the driver of the vehicle who fled was referred to as theappellant - Appellant arrested - Trial court acquitted the appellant- High Court in appeal reversed the said acquittal - On appeal,ยท held: identification of the appellant to be the driver who abscondedon seeing the patrol party is sine qua non for the proof of the chargelevelled against him - However, on facts, the testimony of PW- I andPW-8 taken together by itself does not unimpeachable establish theidentity of the driver of the vehicle to be appellant - Further, therewas no test identification parade - Appellant was implicated in theoffence due to the recovery of his bank passbook from the vehicle,however, in absence of any other cogent, coherent and clinchingevidence of his identification as the driver of the car carrying thecontraband, this document cannot be acted in isolation to be thebasis of his conviction - Prosecution has failed to adduce conclusiveand consistent evidence to bring home the charge against theappellant - With regard to the issue of identification, the view oftrial court was overwhelmingly reasonable - Impugned judgementset aside and the acquittal of the appellant is restored - Appellantbe released from custody if not required in connection with anyother case - Code of Criminal Procedure, 1973 - s.173.Criminal Trial - Standard of proof - Held: In a criminal trialsuspicion however grave cannot take the place of proof -Prosecution to succeed has to prove its case and establish the chargeby adducing convincing evidence to ward off any reasonable doubt about the complicity of the accused - Prosecution case has' to be in the category of "must be true" and not "may be true".Code of Criminal Procedure, 1973 - s.378 -Appellate powerof High Court - Discussed. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2017 INSC 1093 |
Petitioner | Khekh Ram |
Respondent | State Of H.p. |
SCR | [2017] 11 S.C.R. 956 |
Judgement Date | 2017-11-10 |
Case Number | 1110 |
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