High Court Acquits Person Accused of Offences under NDPS Act, 1985

High Court Acquits Person Accused of Offences under NDPS Act, 1985

NDPS Act, 1985 is an interesting Act. Hon'ble High Courts often deal with cases related to said Act.

Narcotic Drugs and Psychotropic Substances Act, 1985 is its full form.

In an interest case citation [2019] GCtR 2563, a person who was facing allegations related to the NDPS Act in India had been acquitted. 

The background needs to be noted : 

• In morning hour, certain things were found in possession of Accused. 

 

• An FIR was registered, then. Accused also faced interrogation. 

 

• Seizure memo was prepared. Police arrested the accused and site - plan was also prepared. 

 

• Accused faced trial and Trial Court found accused guilty and even convicted him. Prosecution had examined more than 5 witnesses at the level of trial. 

 

• Accused chose to file appeal against his conviction for offence under NDPS Act, 1985.

 

• It was noted that in the appellate proceedings, accused relied on the evidence of some of the prosecution witnesses and prayed that conclusion about guilt of accused should not be drawn. 

 

• In the appeal, the manner of recovery was seen and role of public witnesses in the offences under NDPS Act, 1985 was pointed out. Later, it moved towards discussion on the presence of one of the prosecution witness of this case. Statements made in cross-examination caught the attention at the level of appeal. 

 

• Finally, the conclusion of guilt of this accused seemed "doubtful" and it was indicated that certain pleas taken by defence should not been ignored. Finally, benefit of doubt was given to this accused.

Written by

Vishal

Delhi

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