STATE OF HIMACHAL PRADESH Vs. JITENDER SINGH

JUDGEMENT

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

(2.) Assailing the judgment dated 10.10.2012, passed by the learned Special Judge-I, Kangra Division at Dharamshala H.P., in Sessions Case No. 39-D/VII-2010, titled as State of Himachal Pradesh versus Jitender Singh, 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. 7 of 2009, dated 3.1.2009, registered at Police Station Dharamshala, 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 3.1.2009, at about 5.30 p.m. at place near Kachehri Adda, Dharamshala, the police party apprehended the accused and recovered 530 grams of charas from his possession. Two samples of 25 grams each were taken out from the recovered charas and sealed with seal impression-T. The remaining bulk was also sealed with the same seal. Case property was sent for chemical examination, which was deposited at FSL, Junga, on 9.1.2009/7.8.2009. As per the Chemical Examiner's report (Ext. PX and Ext. PY) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.