J&K and Ladakh HC Acquits Nepalese Man Convicted for Carrying 'Charas' in 2016

J&K and Ladakh HC Acquits Nepalese Man Convicted for Carrying 'Charas' in 2016

The High Court of Jammu & Kashmir and Ladakh recently acquitted a man from Nepal who had been arrested by the Jammu & Kashmir police in 2014 for possessing a narcotic substance, 'Charas,' in Ladakh. The individual had been convicted by the trial court in 2016.

A Division Bench of Justices Atul Sreedharan and Sanjay Dhar held that the prosecution failed to establish the case against the accused, Prem Kumar, beyond a reasonable doubt.

As a result, the Bench overturned the trial court's judgment and ordered the release of Kumar, who had already served nine years of his 11-year sentence imposed by the trial court in 2016.

"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," the order said.

Case Brief:
 
In a said matter, Prem Kumar, a resident of Nepal, had entered India through Manali and arrived in Leh, where he was arrested by the police in 2014 for carrying Charas in a blue-colored bag. On June 6, 2016, the trial court convicted him and sentenced him to 11 years in prison.
 
Kumar then appealed the conviction and moved the High Court.
 
Kumar's counsel argued that his conviction was based on improper marshalling and evaluation of evidence. It was contended that the prosecution's case had several contradictions, particularly concerning the statements of prosecution witnesses about how the search and seizure were conducted. The High Court concurred, noting discrepancies in the statements of the prosecution witnesses and issues regarding the safe custody of the substance that was allegedly seized from the accused.
 
"In view of the contradiction between statement of prosecution witnesses in Court, the benefit of the same must go to the accused," the High Court ruled.

Advocate Meharban Singh appeared for Kumar.

Central Government Standing Counsel Rohan Nanda appeared for the respondents.

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