STATE OF HIMACHAL PRADESH Vs. SURAJMAL SON OF SHRI. KESHO RAM, RESIDENT OF VILLAGE KALWA, TEHSIL PILLU KHERAMANDI, DISTRICT JIND, HARYANA

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 20.4.2002 passed in Sessions trial No. 6 -ST/7 of 2002 by Sessions Judge, Sirmour at Nahan, acquitting the accused/respondent for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act).

(2.) THE accused/respondent had earlier engaged Mr. Vinod Sharma, Advocate, who has ceased to be an Advocate, as such in reference to a notice served to the accused/respondent, he has appeared before us today to engage a legal aid counsel. Sh. Munish Sharma, on request has agreed to assist this Court as Amicus Curiae.

(3.) IN order to prove its case, prosecution examined as many as 7 prosecution witnesses. Accused was also examined under Section 313 of the Code of Criminal Procedure, wherein he denied the prosecution case.