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july 2017

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.

Naresh Kumar @ Nitu vs The State Of Himachal Pradesh · Niyam