STATE OF H.P. Vs. AMARJIT AND ANR.

JUDGEMENT

(1.) THE present appeal has come 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 dated 12th December, 1995, delivered by the learned Sessions Judge, Mandi, Division Mandi, in Sessions trial No. 23 of 1995, whereby the accused have been acquitted of having committed an offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act").

(2.) IN order to adjudicate the criminal appeal, it is necessary to give the factual background of the case.

(3.) ON the basis of material available on record, the alleged accused were charged for offences punishable under Section 20 of the Act ibid and in order to prove its case, the prosecution has examined as many as 11 prosecution witnesses, whereas the alleged accused have shown their innocence and have denied offences against them.