Supreme Court of India · 2017-07-27
Naresh Kumar @ Nitu vs The State Of Himachal Pradesh
- Citation / case number
- AIR 2017 SUPREME COURT 3859
- Court
- Supreme Court of India
- Petitioner
- Naresh Kumar @ Nitu
- Respondent
- The State Of Himachal Pradesh
- Author
- Navin Sinha
- Bench
- Chief Justice, Prafulla C. Pant, Navin Sinha
Judgment text excerpt
The Supreme Court reversed the High Court's decision, which had overturned the acquittal of the appellant under Sections 20 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the prosecution failed to establish the chain of evidence and the credibility of the witnesses, particularly the independent witness PW-2, who denied witnessing the recovery. The Court emphasized that if two plausible views exist, the acquittal should not be disturbed, thus reinstating the acquittal of the appellant.