LAWS(HPH)-2010-9-422

THE STATE OF H.P. Vs. KUNDAN LAL

Decided On September 06, 2010
The State of H.P. Appellant
V/S
KUNDAN LAL Respondents

JUDGEMENT

(1.) THE presence of accused -respondent could not be ensured despite issuance of non bailable warrants. However, Shri M.A. Khan, Advocate, has been requested to assist this Court as Amicus Curiae and he has agreed to the same. Accordingly, Shri M.A. Khan, Advocate, has assisted this Court in response to the submissions made on behalf by Shri Rajinder Dogra, Additional Advocate General, for the appellant -State.

(2.) PROSECUTION case is that police officials while on patrol duty, apprehended the accused -respondent in association with two independent witnesses and on his personal search 200 grams of charas was recovered from his jacket. Rukka was sent by S.I./S.H.O. and two samples, each 25 grams, of charas were separated and sealed. Thereafter, the samples were sent for chemical examination and the accused -respondent was charged for the offences under Section 20 of the Narcotic Drugs and Psychotropic Substances, Act.

(3.) IN order to prove its case, prosecution examined as many as six witnesses, whereas, accused through his statement under Section 313 Cr.P.C. denied the prosecution case.