STATE OF H.P. Vs. BAM PADHA ADAK

JUDGEMENT

(1.) MS . Divya Sood, Advocate consented to assist this Court on behalf of the respondent/accused.

(2.) THE present criminal appeal has come up for consideration after leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, against the judgment dated 01.10.204, passed by the learned Sessions Judge, Kullu in Sessions trial No. 35 of 2004, acquitting the accused/respondent for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short called ND&PS Act) in reference to FIR No. 569 of 2003 dated 07.12.2003.

(3.) IN order to prove its case, the prosecution has examined as many as 10 prosecution witnesses, whereas in his statement under Section 313 Cr.P.C., the accused/respondent denied the prosecution case.