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

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Court approached in the early stages of arbitration will prevail in all other subsequent proceedings

In National Highway Authority of India v. Hindustan Steelworks Construction Limited, the Hon'ble Delhi High Court opined that once the parties have approached a certain court for relief under Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings. Language of Section 42 of Act is categorical and brooks no exception. In fact, the language used has the effect of jurisdiction of all courts since it states that once an application has been made in Part I of the Act then ―that Court alone shall have jurisdiction over arbitral proceedings and all subsequent applications arising out of that agreement and arbitral proceedings shall be made in that Court and in no other Court. Court holds that NHAI in present case cannot take advantage of Section 14 of the Limitation Act, 1963 for explaining inordinate delay in filing present petition under Section 34 of this Act in this Court.

Procedure to be followed on admissibility of additional evidence at appeal stage

In The Corporation of Madras vs M. Parthasarathy & Ors., the trial court had allowed the respondent company to file evidence in the form of photocopies and had dismissed all the four suits filed by the respondents with costs as the evidence were in the form of photocopies and were objected to by the respondents. On appeal the Additional District Judge allowed the respondents to file additional evidence in the form the original documents of the earlier admitted photocopies and based on the same allowed the appeal. In its turn the High Court also dismissed the appeal filed by the appellants who in turn approached the Supreme Court. The Supreme Court decided that the first Appellate Court committed two jurisdictional errors in allowing the appeals.  Referring to earlier judgements of the Supreme Court in Land Acquisition Officer, City Improvement Trust Board vs. H. Narayanaiah & Ors., , Shalimar Chemical Works Ltd. vs. Surendra Oil & Dal Mills (Refineri...