STATE OF H.P. Vs. HARISH THAKUR

JUDGEMENT

(1.) The Court has asked Shri Rajesh Verma, Advocate to assist this Court as legal aid counsel, which he has agreed. The documents are being provided to him and he shall be paid fees of Rs. 2000/ - for entire case payable to Shri Rajesh Verma from the Legal Aid Fund of H.P. High Court.

(2.) The present criminal appeal has come for consideration by virtue of granting leave to appeal under Section 378(3) of the Code of Criminal Procedure in reference to judgment dated 8th June, 2009, passed by learned Special Judge, Fast Track Court, Kullu, H.P., in Sessions Trial No. 12 of 2008, for alleged offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), whereby the alleged accused / respondent was acquitted.

(3.) According to the prosecution, on 7.11.2006, SI Lal Singh, along with Constable Deepak Kumar and LC Meena Kumari, was present on the upper side of the road beneath village Dhama for arranging nakabandi associating Badri Prakash and Vijay Kumar, two independent witnesses, who came there with the raiding party which observed one person coming from village Dhama side, who, on seeing the police party, turned back and tried to escape from the spot, however, was over-powered by SI Lal Singh with the help of other police officials. On asking his name, he disclosed his name Harish Thakur, resident of village Fozal, Tehsil Kullu.