J&K&L High Court Acquits Nepalese National, Overturns 2016 Conviction For Charas Possession
The Jammu & Kashmir and Ladakh High Court acquitted a Nepalese national who had been convicted in 2016 by a trial court for carrying a narcotic substance, Charas, in Ladakh in 2014.
Petitioner, a resident of Nepal, was arrested in Leh in 2014 after he was found carrying a blue bag containing Charas. The trial court convicted him on June 6, 2016, and sentenced him to 11 years in prison. However he appealed the conviction, challenging the evidence presented by the prosecution.
The division bench, of Justice Atul Sreedharan and Justice Sanjay Dhar said, “We hold that the prosecution has not been able to prove the case against the appellant beyond reasonable doubt. The appeal is allowed. The impugned order is set aside. The appellant is acquitted and shall be released forthwith if not required in any other case,”
Advocate Meharban Singh appeared for the Petitioner and Advocate Rohan Nanda appeared for the Respondent.
His legal counsel argued that the conviction was based on a flawed evaluation of evidence, with significant contradictions in the statements of the prosecution witnesses, particularly regarding the search and seizure process. The defense contended that the prosecution’s case lacked consistency, and there were discrepancies in the accounts provided by the witnesses about how the narcotic substance was seized from the accused.
The High Court, upon reviewing the case, found that there were indeed contradictions in the testimony of the prosecution witnesses, particularly concerning the handling and safe custody of the seized substance. The bench emphasized that these inconsistencies should benefit the accused, as the prosecution had not convincingly proved its case.
In light of these findings, the High Court acquitted him, set aside the trial court's conviction, and directed his immediate release, noting that he had already served nine years of his 11-year sentence. The Court's said, “in view of the contradiction between PW-8’s statement in court and the contents of the letter proved by PW-8, which is exhibit PW8, the benefit of the same must go to the accused.”
Cause Title: Prem Kumar v. UT of Ladakh
Click here to read/download Order
