Appellate Court has full power to review, re-appreciate and consider evidence upon which order of acquittal founded-
2022 CRI. L. J. 2243
AIROnline 2022 GUJ 1098 (GUJARATHIGH COURT)
State of Gujarat v. Paramjit alias Kali Himmat Singh Chima.
R/Cri. A. No. 971 of 2006,
D/8-4-2022.
(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985), Ss. 8(c), 20(B), 22, 29-Evidence Act (1 of 1872), S. 3 Illegal possession of contraband Evidence and proof Accused allegedly found in possession of powder of Brown sugar- Nothing on record to show that any option for search was given to accused or there is no writing that accused refused to exer- cise option of search After recovering muddamal, no seal affixed on muddamal No evidence as to report to be made re- garding reasons for arrest of accused and complete details of muddamal seized Non-compliance of mandatory provisions of NDPS Act - Prosecution failed to prove that both accused known to each other or they hatched conspiracy for transportation of muddamal goods or accused persons helped each other in commission of offence -Charges levelled against accused not proved beyond reasonable doubt-Acquittal of accused, proper. (Paras 8, 9, 15)
(B) Criminal P. C. (2 of 1974), S. 378 Appeal against acquittal - Powers of Appellate Court- -Appellate Court has full power to review, re-appreciate and consider evidence upon which order of acquittal founded-However, Appellate Court must bear in mind that in case of acquittal, there is prejudice in favour of accused firstly, presumption of innocence is available to him under fundamental principle of crimi- nal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by competent Court of Law Secondly, accused having secured his acquittal, presumption of his innocence is further reaffirmed and strengthened by Trial Court. (Para 6)
Cases Referred:
AIROnline 2002 SC 91 AIR 2009 SC (Supp) 2887
AIROnline 2002 SC 767
AIR 2002 SC 1810
2002 AIR SCW 1780
AIR 2001 SC 3976
2001 AIR SCW 3953 14
AIR 1995 SC 244
1994 AIR SCW 4393
AIR 1973 SC 277
AIR 1973 SC 2622