STATE OF H.P. Vs. DEEN MOHD.

JUDGEMENT

(1.) MS . Vidushi Sharma, has been requested to assist this Court as amicus curiae , on behalf of the respondent -accused, and she has agreed to assist this Court.

(2.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to judgment dated 8.8.1997 passed by Learned Sessions Judge, Chamba Division, Chamba, H.P., in Sessions Case No. 15 of 1997, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'), acquitting the alleged respondent/accused in reference to FIR No. 181/1996 dated 1.11.1996.

(3.) AFTER investigation, the accused was arrested and charged for the offence under Section 20 of 'NDPS Act'. In order to prove its case, the prosecution has examined as many as 8 prosecution witnesses. Whereas, the accused through his statement under Section 313 of Cr.P.C., has denied the prosecution case.