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2016 (4) TMI 1023 - SUPREME COURT

2016 (4) TMI 1023 - SUPREME COURT - TMI - Validity of High court order - Appellant contended that consideration of High Court that 'circumstances in which the recovery of articles is stated to be made from the respondent herein is doubtful' could not be dislodged, therefore, High Court has discarded the version of the prosecution by observing that the same appears to be totally unnatural - Held that:- In view of the findings which appear to be without any blemish and those findings are recorded .....

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Adv. ORDER The respondent herein was charged of the offence punishable under Sections 8/18 and 8/21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act ). After trial, the Trial Court convicted him of the aforesaid charges. The High Court has, however, set aside the said conviction by the judgment which is impugned in the present appeal. The perusal of the judgment of the High Court would reveal that the High Court had been influenced by three cons .....

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case when it comes to admissibility of FSL report or on the aspect of Section 50 of the NDPS Act. However, what could not be dislodged by the learned counsel for the appellant during the course of hearing of the appeal was that the finding of the High Court that the circumstances in which the recovery of articles is stated to be made from the respondent herein was doubtful. In this case, we find that the High Court has discarded the version of the prosecution by observing that the same appears .....

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f rifle is concerned and the accused person has been acquitted. Therefore, it cannot be relied upon in the present case on the basis of the evidence of the policemen that the accused person ran for 1½ km. while carrying a bag in his hand. All this appears to be unnatural. There is significant contradiction in the evidence of the police officers and policemen about the place and time of arrest of accused person and as to who had arrested him. It is the clear case of the accused person afte .....

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used person had run through the Aabadi area during the night time. In view of these circumstances, it does not appear proper and natural and it is also clear from the evidence of witnesses that the accused person was running away while he was allegedly caught and the articles were recovered from him. It was a dark night and when the accused person was running to the residential area of the village then the accused person continue to carry the bag in his hand till the time police caught him, but .....

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