STATE OF HP Vs. LAXMAN MAHANTO

JUDGEMENT

(1.) 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 24.05.2000, passed by the learned Sessions Judge, Una, District Una, in Sessions Case No. 45 of 1999, acquitting the alleged accusedrespondents under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, in reference to FIR No. 460 of 1999 dated 20.08.1999.

(2.) The case of the prosecution is that on 20.08.1999, on receiving secret information that the accusedrespondents are dealing with sale and purchase of contraband goods, the information was recorded in writing and sent for registration of the case. The room of the accusedrespondents was searched and from the room one bag was recovered containing six packets of charas. On weighing 5 packets were found containing 500 grams charas each while 6th packet was containing 250 grams of charas and after taking samples etc. the charas and the samples were sealed. On chemical examination, the contents of the samples were found to be of charas. The entire charas was 2 kg 750 grams. As such, after completion of investigation, the accused respondents were charged for the aforesaid offences.

(3.) In order to prove its case, prosecution examined as many as sixteen witnesses, whereas, accused through their statements under Section 313 Cr.P.C. denied the prosecution case.