VidhiSangh

Supreme Court of India · 27/07/2017

NARESH KUMAR ALIAS NITU versus STATE OF HLMACHAL PRADESH

[2017] 6 S.C.R. 424 · 2017 INSC 674

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored an NDPS acquittal where the prosecution’s alleged recovery time conflicted with the proved bus ticket and the independent witness denied witnessing the recovery. Reverse presumptions did not dispense with proof of foundational facts beyond reasonable doubt. The High Court had reversed a plausible acquittal on speculation.

Issues

  1. Whether the recovery evidence established foundational facts sufficient to invoke NDPS presumptions.
  2. Whether the High Court properly reversed the acquittal.

Held

Result

Appeal allowed; High Court conviction set aside and Special Judge’s acquittal restored. Appellant directed to be released forthwith unless wanted in another case.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 424.