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Mohan Lal & Ors vs State Of Himachal Pradesh Throughits ... on 17 March, 1997

taken his weighing scale. According to this witness, nothing more had happened in his presence. He was cross-examined by learned prosecutor but nothing favouring prosecution was stated by him. It is submitted on behalf of the appellant that from the statement of PW-1, the entire prosecution story was falsified. Learned trial Court has dealt with this contention by relying upon the judgment of this Court in Criminal Appeal No. 305 of 2014, titled Sohan Lal vs. State of H.P.We are in agreement with the findings recorded by learned trial Court that appellant could not avail anything apart from the fact of independent witness turning hostile. It is not uncommon in our system that the independent witness turns hostile for various obvious reasons. It cannot be always inferred from such conduct of independent witness that the prosecution case was false. In the cases under NDPS Act, the principle of reverse burden applies. Once the conscious possession of contraband with the accused is proved, it is for the accused to bring on record such facts, which may create doubt in the prosecution story.
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