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2017 (12) TMI 620 - HC - Indian LawsOffence under NDPS Act - accused was found in possession of 500 grams of illegal charas - Held that:- Though non-production of Malkhana Register cannot be the sole ground for passing the acquittal order, but the said fact coupled with other evidence on record, may impact adversely the prosecution's case, in case necessary steps are not taken by the prosecution in proving the case against the accused to the hilt. As mentioned here that it could be possible that the accused drove the said motorcycle without having any knowledge that the same contained any contraband/Charas in its dicky. Had the same been owned by him or there would be some link that some person had directed him to reach the said contraband to a particular place, he could very easily be imputed its knowledge, but the evidence to that offences has not come on record. It need not be stated that stricter the punishment, higher the burden of prosecution to prove the case against the accused beyond any shadow of doubt. In view of above infirmities found it is held that the learned court below has not been able to appreciate evidence on record in proper perspective in the light of the latest position of law and according to this Court's view, the prosecution has failed to prove its case beyond reasonable doubt that the accused was found in possession of 500 grams of illegal charas, of which he could not show the license. The appeal is liable to be allowed and is, accordingly, allowed. The judgment of learned court below is set-aside. Accused is held not guilty and is acquitted of the charges levelled against him. Let the accused be released forthwith in this case, if not wanted in any other case.
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