STATE OF HIMACHAL PRADESH Vs. JANAK SINGH SON OF SHRI MANGAL SINGH RESIDENT OF VILLAGE KUTHAR BEET, TEHSIL HARULI DISTRICT UNA, H.P.

JUDGEMENT

(1.) RESPONDENT was charge sheeted, tried and acquitted for the offence punishable under Section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985, in short "the Act" for allegedly keeping in his possession 4.5 kg of poppy husk in the bag held by him in his hand and also 15 kg alleged to have been recovered at his instance from a cowshed. The acquittal has been challenged by the State in the present appeal. Precisely, the case, as set -up by the prosecution is that on 6.5.2003 PW9 H.C. Nardev Singh was present at 'Kuthar beet' near ABC brick -kiln along with few constables.

(2.) ACCORDINGLY , the challan was presented in the court for the trial of the accused to which he pleaded not guilty and claimed trial.

(3.) WHEN called upon to enter into his defence, he examined DW1 H.C. Sukhdev Singh to prove that there was no entry of the special report which was required to be sent to the Officer superior to satisfy the provisions of Section 57 of the Act.