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2017 (1) TMI 864 - HC - Indian LawsAcquittal of the charge - NDPS Act - Held that:- The prosecution has failed to establish its case beyond reasonable doubt and the benefit of doubt given by the learned Trial Court to the respondent cannot be faulted. The Trial Court has noted number of vital infirmities, inconsistencies and discrepancies in the statements of the prosecution witnesses which make it unsafe to base conviction on the unsubstantiated and uncorroborated testimony of PW-21 (Anshul Dwivedi). It is well settled law that the Appellate Court must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent Court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the Trial Court. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal, recorded by the Trial Court. Considering the facts and circumstances of the case, find no substance in the appeal preferred by the appellant – NCB; it lacks merits and is dismissed. Pending application also stands disposed of.
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