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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 Supreme Court dismissed the State of Himachal Pradesh's appeal challenging the High Court's acquittal of two persons convicted under Section 20 of the NDPS Act for allegedly carrying contraband charas. The Court found material discrepancies in the prosecution case undermining its credibility: the supposed independent witnesses denied presence at the scene; police accounts conflicted on timings and procedures; and the seizure records showed alterations. Applying the NDPS principle that 'stricter punishment requires stricter proof', the Court affirmed that the prosecution failed to establish guilt beyond reasonable doubt and rightly awarded the accused the benefit of doubt.

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Criminal Law Narcotic Drugs and Psychotropic Substances Evidence and Proof Witness Credibility Criminal Procedure Burden of Proof

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