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Supreme Court of India 2018-01-17 dismissed

State of Himachal Pradesh vs Trilok Chand & Anr

Bench: 2 — N.V. Ramana

In Brief

The State of Himachal Pradesh appealed a High Court order that acquitted two accused persons initially convicted of possessing and trafficking charas (hashish) under the Narcotic Drugs and Psychotropic Substances Act. The trial court had sentenced them to ten years' imprisonment. The Supreme Court upheld the acquittal, finding that material discrepancies and contradictions in prosecution evidence—including conflicting accounts of when evidence was collected, whether independent witnesses were present, and alterations to official records—vitiated the prosecution case. The Court held that in NDPS cases, proof must be "stringent" and evidence must exclude every chance of false implication. As the evidence was scanty and the accused deserved the benefit of doubt, the appeals were dismissed.

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Criminal Law Narcotic Drugs and Psychotropic Substances Act Evidence Conviction and Acquittal Standards of Proof

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