STATE OF H.P. Vs. RAVEEN KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 10.7.1995 passed by the learned Sessions Judge, Chamba Division, Chamba in Sessions Case No. 5 of 1995 whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) THE prosecution case briefly stated is that on 1.11.1994 at about 3.30 p.m. the accused who was driving Maruti van No. HIX -4107 was stopped by a police patrolling party headed by PW -5 S.I. Kishan Chand, near Chowk Bazar at Surangani. Witnesses were called for and on checking 1 kg. 230 grams of charas was recovered. 10 grams of charas was drawn as a sample. After completion of the other formalities the sample charas was sent to the Chemical Examiner who vide his report Ext.PM opined that the sample was of charas. The accused was challaned but has been acquitted by the learned trial Court. Hence the present appeal.

(3.) WE have heard Shri Vivek Thakur, learned Additional Advocate general and Shri Ramakant Sharma, learned Counsel for the Respondent.