LI Network
Published on: January 17, 2024 at 10:00 IST
The Himachal Pradesh High Court emphasized the restricted role of appellate courts in challenging acquittal verdicts.
The case involved the acquittal of a woman facing charges under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), as the trial court found the prosecution’s evidence lacking in persuasiveness and credibility.
A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Satyen Vaidya underscored that the Appellate Court could only intervene if it deemed the trial court’s decision to be impossible or perverse. Senior Additional Advocate General I.N. Mehta represented the applicant in this case.
The origin of the case lies in the arrest of a Nepali woman, who allegedly engaged in the illicit trade of Charas at her tea stall. Acting on secret information, police officials from a Special Investigation Unit conducted a search, recovering 142 grams of Charas and an electronic weighing scale. However, the trial court identified discrepancies and contradictions in the depositions made by independent witnesses.
The High Court aligned with the trial court’s perspective, acknowledging the doubt cast on the prosecution’s narrative by the conflicting statements of the independent witnesses. The lack of corroborative evidence and the failure to establish the exclusive domain of the respondent over the seized items further weakened the case against the woman.
The Court referred to various Supreme Court judgments emphasizing the limited scope of interference in appeals against acquittal. Expressing dissatisfaction with the trial court’s referencing of judgments without discussing their facts or ratio, the High Court directed the Registrar General to circulate its judgment among Judicial Officers in the State, outlining the correct method of citing and relying on judicial precedents.
Ultimately, the High Court dismissed the appeal, maintaining the acquittal verdict in the case titled State of H.P. v. Laxmi (2024:HHC:114).