Supreme Court of India
Naresh Kumar Alias Nitu v. State of Hlmachal Pradesh
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From the headnote
Narcotic Drugs and Psychotropic Substances Act, 1985: ss. 20 and 61 - Charge under - Acquittal by Special Judge giving benefit of doubt - Conviction by High Court - On appeal, held: Prosecution failed to establish the foundational facts beyond all reasonable doubt - The conclusions of High Court were speculative, based on conjectures and surmises,contrary to the weight of the evidence on record - Order of acquittal passed by Special Judge upheld. ss. 35 and 54 - Presumption under - Held: Are rebuttable - Does not dispense with the obligation of the prosecution to prove the charge beyond all
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