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2019 (10) TMI 9 - HC - Indian LawsSmuggling - Charas - offence punishable under section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Disbelieving the testimony of the witness - the register of the Hotel where the witness stayed had not been produced - presumption under section 35 and 54 of NDPS Act - HELD THAT:- After careful appreciation of the entire evidence, application of law and judicial precedents, the findings returned by the trial Court, convicting the accused, are not based on the correct and complete appreciation of testimonies of prosecution witnesses. It does not lead to an irresistible conclusion of the guilt of the accused, beyond reasonable doubts. The appreciation of the evidence and application of law cited, take this Court to only one conclusion that the possibility of the investigating team not revealing the true and correct facts cannot be ruled out. After careful scrutiny, the evidence of the police officials, does not inspires confidence, being neither trustworthy nor reliable, and it cannot from basis of conviction. The prosecution has miserably failed to prove its case beyond reasonable doubts. Appeal allowed.
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