STATE OF H.P. Vs. GIAN CHAND

JUDGEMENT

(1.) STATE has appealed against the judgment, dated 25.4.1997, of learned Additional Sessions Judge, Sirmaur, whereby respondent Gian Chand, who was tried for offence, under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for allegedly possessing poppy straw, has been acquitted.

(2.) CASE of the prosecution is that on 9.5.1995, on telephonic report of PW -1 Ranjit Singh, police went to Teergarhi Gurudwara and searched the person of respondent. In the course of search of his baggage, poppy straw, which weighed 3.500 kgs, was recovered. Out of the recovered stuff, two samples, each weighing 100 grams, were separated. The samples and the bulk stuff were made into three separate parcels. One of the sample parcels was sent to Chemical Examiner, who, vide report Ext. PN, opined that the sample was of poppy straw, because it contained meconic acid and morphine to the extent of 0.5%.

(3.) WE have heard learned Assistant Advocate General. Nobody has put in appearance on behalf of the respondent.