Skip to main content

Evidence is to be considered from point of view of trustworthiness

In State of Himachal Pradesh v. Prem Singh, Accused was charged with commission of offence under Section 20(b) (ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985, wherein he pleaded not guilty and claimed to be tried. Present appeal is preferred by Appellant/State assailing judgment of acquittal, passed by Additional Sessions Judge, whereby accused has been acquitted of charge framed against him under Section 20 of NDPS Act.

Prosecution has been able to prove recovery of Charas weighing 4.5 kgs from exclusive and conscious possession of accused. Therefore, it was for accused person to have explained his innocence, as envisaged under Sections 35 and 54 of Act. The present, as such, is a case where presumption, as envisaged under Sections 35 and 54 of the Act, has to be drawn against accused, as the accused failed to explain his innocence. Present is not a case where it can be said that, prosecution has failed to prove its case against accused beyond all reasonable doubts. No doubt, witnesses are police officials, but it was not possible to associate independent person, as witness, despite best efforts. Evidence as has come on record by way of testimony of official witnesses is consistent, categorical, cogent as well as reliable. Prosecution, as such, has discharged onus to prove that 4.5 kgs. charas has been recovered from exclusive and conscious possession of accused. Present is a fit case where presumption, as envisaged under Sections 35and 54 of Act, can also be drawn against accused, as there is no evidence to the contrary.

When recovery was proved from exclusive and conscious possession of accused to extent of 4.5 kgs of Charas, there was no merit in arguments that accused was called from home and falsely implicated, as to this effect, nothing has come on record while cross-examining official witnesses. Thus, at this stage, this plea is not available to accused. As prosecution has proved guilt of accused conclusively beyond all reasonable doubts, findings, as recorded by Court below, were perverse. Supreme Court in Yogesh Singh vs. Mahabeer Singh and others held that, it is well settled in law that minor discrepancies are not to be given undue emphasis and evidence is to be considered from point of view of trustworthiness. Test is whether same inspires confidence in mind of the Court. In view of law, and appraisal of evidence on record, findings arrived at by trial Court were quashed and accused convicted for commission of offence punishable under Section 20 of NDPS Act.

Comments

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil