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| J&K High Court sets aside 11-year imprisonment of Nepal resident | | | Early Times Report
JAMMU, Nov 12: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Sanjay Dhar set-aside the imprisonment of 11 years in NPDS awarded by Trial court to one Prem Kumar resident of Nepal.
The Brief facts of the case are as follows. On 24.09.2014, it is the case of the prosecution that the appellant who is the resident of Nepal entered via Manali and reached Leh and that upon seeing the Police party, the appellant tried to conceal himself. It is further the case of the prosecution that the appellant was carrying Charas in a blue colour bag. DB after hearing both the sides observed that there were multiple contradictions in the case of the prosecution, particularly the contradiction with respect to the statements of prosecution witnesses regarding the manner in which search and seizure was carried out.
DB agreed that there were contradictions in the statements of prosecution witnesses and safe custody of the substance allegedly seized by the police from the accused. "In view of the contradiction between statements of prosecution witnesses in Court, the benefit of the same must go to the accused," the Division Bench ruled.
Accordingly, the appeal was allowed and the judgment passed by the trial court was set aside. DB directed that Prem Kumar be released immediately.
—JNF |
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