In Brief
The appellant was acquitted of NDPS Act charges by the trial court but convicted by the High Court to fifteen years imprisonment. The Supreme Court reversed the High Court's decision and restored the acquittal. The court found critical timing inconsistencies in the prosecution's case: the appellant's bus ticket showed a 6:51 A.M. boarding time, yet the prosecution claimed arrest at 6:15 A.M., which was impossible given the 26 km journey in hilly terrain requiring over one hour. The independent witness denied the alleged recovery occurred in his presence, contradicting police accounts. The court held that foundational facts in NDPS cases must be proved beyond reasonable doubt, and discrediting credible independent witness testimony to rely solely on police evidence was impermissible. The High Court's reversal was perverse and contrary to evidence.
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