STATE OF HIMACHAL PRADESH Vs. JAI SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 2.8.2003 passed by the learned Sessions Judge, Kullu whereby he acquitted the accused persons of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act').

(2.) THE prosecution story in brief is that on 23rd October, 2002, at about 6.30 pm PW-6 Roshan Lal alongwith PW-5 Sub Inspector Mohinder Sen, ASI Lekh Ram, HC Ramesh, BC Bala Ram and PW-4 Constable Santosh Kumar was on patrolling duty near Barhai mour. THEy stopped one van bearing registration No.HP-01- 0222, which was coming towards Kullu. In addition to the driver, there were three persons sitting on the rear seat of the van. THE aforesaid persons became perplexed on seeing the police. THE police officials enquired about their identity and then the driver disclosed his name to be Raj Kumar and the persons sitting on the rear seat disclosed their names to be Puran Chand, Jai Singh and Jeet Singh (accused).

(3.) AFTER trial the accused have been acquitted manly on the ground that the prosecution story does not inspire confidence. Hence, this appeal by the State.