STATE OF HIMACHAL PRADESH Vs. KARNAIL SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 17.7.2002 in Sessions Trial No. 11 -S/7 of 2001 passed by the learned Sessions Judge, Solan, whereby he acquitted the accused of having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the 'Narcotic Drugs and Psychotropic Substances Act ').

(2.) BRIEFLY stated the prosecution case is that on 13.7.2001 at about 9.55 a.m., at Jharmajri, the accused was found in exclusive and conscious possession of 23 kgs. 280 grams of Poppy Husk. This Poppy Husk was carried in two bags and, therefore, two samples were drawn and after receipt of the report of the Chemical Examiner, the accused was charged with having committed an offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. To prove its case, it was incumbent upon the prosecution to show that substance being carried by the accused was contraband and Poppy Husk within the meaning of the Narcotic Drugs and Psychotropic Substances Act.

(3.) LEARNED Counsel for the Respondent -accused has drawn our attention to the definition of the term 'poppy straw ' in Section 2(xviii), which reads as under: (xviii) "Poppy straw" means all parts (except the seeds) of the opium after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted there from.