STATE OF HIMACHAL PRADESH Vs. AGARSEN

JUDGEMENT

(1.) On the request, asking and consent, the appeal is taken up for hearing.

(2.) Assailing the judgment dated 23.1.2013, passed by the learned Special Judge(II), Mandi, Distt. Mandi, H.P., in Sessions Trial No. 11 of 2011, titled as State of Himachal Pradesh versus Agarsen, whereby respondent-accused stands acquitted of the offence punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), in relation to F.I.R. No. 129 of 2010, dated 24.4.2010, registered at Police Station Sadar, Mandi, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(3.) The prosecution case, in brief, is that on 24.4.2010 at about 11.30 a.m. at place Binderavani, the police party apprehended the accused and recovered 850 grams of charas from his possession. The case property was sealed with seal impression-T. Case property was sent for chemical examination, which was deposited at FSL, Junga, on 26.4.2010. As per the Chemical Examiner's report (Ext. PW-10/C) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.