VidhiSangh

Supreme Court of India · 26/10/2020

RAJESH DHIMAN versus STATE OF HIMACHAL PRADESH

[2020] 8 S.C.R. 1057 · 2020 INSC 607

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Summary

The Court upheld the High Court’s reversal of NDPS acquittals. The complainant’s role as investigator did not by itself establish bias; reliable official testimony sustained recovery despite the independent witness’s unsupportive account. The alleged unknown passenger’s ownership of the contraband was fanciful rather than a reasonably probable alternative. Section 50’s personal-search safeguard did not extend to the backpack from which the narcotics were recovered.

Issues

  1. Whether the complainant’s investigation of his own complaint vitiated the prosecution.
  2. Whether the alternative account and absence of independent corroboration created reasonable doubt.
  3. Whether reversal of acquittal and the rejection of the Section 50 objection were justified.

Provisions considered

Held

Result

Appeals dismissed. Ten years’ rigorous imprisonment and Rs.1,00,000 fine for each appellant maintained. Bail bonds cancelled and State directed to take them into custody to serve the remainder; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 8 S.C.R. 1057.