DUE TO CONFLICTING POLICE LOGBOOK ENTRIES NDPS CONVICTION SET ASIDE BY SC

by | Aug 29, 2024

Headline

The Supreme Court of India in the NDPS Case acquits the accused due to conflicting police logbook entries.

Summary

The Supreme Court of India under the NDPS Act,set aside the conviction of individuals quoting the inconsistencies between police logbook entries and the prosecution’s account of the narcotic seizure, and a shortage of independent witnesses.

Key Facts

  • Case Name: Prakash Singh v. The State of Himachal Pradesh, Criminal Appeal No. 318 of 2024.
  • Name of Judges: Justice M.M. Sundresh and Justice Aravind Kumar.
  • Appellants were caught with 1.25 kg of ‘charas’ during police patrolling in 2015.
  • The Trial Court convicted them with no independent witnesses  on the basis of the testimony from two police officers.
  • The appellants later on gave a police logbook showing the vehicle was somewhere else at the time of the alleged seizure, which was later corroborated by police testimony.

Legal Insights

The Supreme Court of India discovered that the police logbook entries are conflicting with the prosecution’s account , and with no independent witnesses, the prosecution’s case was undefendable. The dismissal by the High Court of these discrepancies as being minor was deemed legally unsustainable.

Impact

The Supreme Court of India ruling stresses the significance of corroborating evidence thoroughly and the want for independent witnesses in cases under the NDPS Act,influencing future trials.

Why it Matters

The judgment of the Supreme Court highlights the principle that convictions under the NDPS Act must be aided by reliable and consistent evidence, protecting against wrongful convictions.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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