Whether bias was caused by complainant also being the investigating officer?
Whether alternate version has been established and what is the effect of lack of independent witnesses?
Whether High Court erred in reversing acquittal in appeal?
(A) What is the scope and essence of the High Court’s appellate jurisdiction against a judgment of acquittal?
(B) What is the extent of reliance upon a document with which the other side was not confronted with during cross-examination?
C) Whether non-examination of independent witnesses vitiates the prosecution case?
In a case where the informant himself is the investigator, by that itself cannot be said that the investigation is vitiated on the ground of bias or the like factor.-Case overruled: Mohan Lal v. State of Punjab (2018) 17 SCC 627 [Complainant can not be Investigator]
The Narcotic Drugs and Psychotropic Substances Act, 1985, provide for stringent provisions for offences related to drug abuse and trafficking. Despite the fact that major offences under the aforesaid Act are non-bailable, it has been observed that in several cases the drug offenders secure acquittal on technical grounds.
NDPS-This Court in Gurbax Singh vs. State of Haryana (2001) 3 SCC 28 held that these provisions are not mandatory provisions and they are only directory. In the present case, we do not find any serious violation of these provisions. The prosecution adduced evidence to prove that these provisions have been substantially complied with and the Sessions Judge discussed these matters in detail and accepted the prosecution case.
Commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette
All offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government;
Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the Court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine
31-A. Death penalty for certain offences after previous conviction . (1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, […]
The presumption against the accused of culpability under Section 35, and under Section 54 of the Act to explain possession satisfactorily, are rebuttable. It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.
Affidavit of a witness with regard to the facts in issue cannot be treated as a statement of the deponent before the Court. Hence, such affidavit cannot be treated as ‘evidence’ under […]
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