Excelsior Correspondent
JAMMU, Feb 20: High Court has observed that law doesn’t permit the court to punish the accused on the basis of moral conviction or suspicion.
The observation was made by Justice Sanjay Kumar Gupta while setting aside the conviction in NDPS Act.
“To establish the guilt of accused charged with heinous crime, the court has to judge the evidence by yardsticks of probabilities. Every case has its own facts. The law does not permit the court to punish the accused on basis of moral conviction or suspicion”, Justice Gupta said.
“The burden of proof never shifts, it is always on prosecution. The investigation in present case has been conducted by IO in unmindful manner. The IO was unaware of basic and cardinal principles for conducting the investigation in NDPS cases”, the court said.
After hearing Advocate Parimoksh Seth for appellant Kali Dass, the court observed that prosecution has not proved its case beyond reasonable doubts. “Hence, appellant -accused person is entitled to benefit of doubts. Appeal is accordingly allowed and judgment of conviction/sentences passed against appellant is set aside”, the court said.
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