STATE TIMES NEWS JAMMU: Justice Sanjay Kumar Gupta while setting aside the conviction in NDPS, observed that 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. The burden of proof never shifts, it is always on prosecution. The evidence collected during investigation that has been collected by Investigation Officer (I/O) without following cardinal principles of investigation. Investigation has been conducted by I/O in unmindful manner, I/O was unaware of basic and cardinal principles for conducting the investigation in NDPS cases. Justice Sanjay Kumar Gupta after hearing Advocate Parimoksh Seth for appellant Kali Dass 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.
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