STATE OF HP Vs. SOM NATH ALIAS BABLI

JUDGEMENT

(1.) Ms. Shikha Thakur, Advocate, has been requested to assist this Court as Amicus Curiae on behalf of accused-respondent and she has kindly agreed to the same. Accordingly, Ms. Shikha Thakur, Advocate, has assisted this Court on behalf of accused- respondent in response to the submissions made by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant-State.

(2.) The present criminal appeal has come up for consideration after leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 03.08.2000, passed by learned Sessions Judge, Bilaspur, District Bilaspur, Himachal Pradesh, in Sessions Trial No. 3 of 2000, acquitting the alleged accused under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

(3.) The case of the prosecution is that on 12.02.2000, the accused-respondent was traveling in Punjab Roadways bus No. PB-11- N-3818 from Patiala to Mandi. On search, 4 kgs and 350 grams of charas was recovered from the bag of the accused-respondent. Two samples of 50 grams were taken from the recovered charas. The charas and the samples were put in separate parcels which were sealed with seal 'K'. The samples were sent for chemical examination. After completion of investigation, the accused-respondent was charged for the aforesaid offence.