STATE OF H.P. Vs. MEHBOON KHAN

JUDGEMENT

(1.) The State of Himachal Pradesh aggrieved by the acquittal of the respondents (hereinafter referred to as the 'accused persons') has preferred these appeals on several grounds, however, mainly that the evidence available on record and the legal provisions have not been appreciated properly and in its right perspective.

(2.) While in Cr. Appeal No.763 of 2002, the respondent-accused has been acquitted for want of proof qua compliance of the provisions, mandatory in nature contained under Section 50 of the Act, in Cr. Appeal No.195, the accused persons have been acquitted for want of cogent and reliable evidence to show that the contraband, allegedly charas, has been recovered from their conscious and exclusive possession, whereas in criminal appeal No.541 of 2004 on the ground that the evidence produced by the prosecution is not sufficient to bring the guilt home to the accused.

(3.) When all the three appeals were taken up for hearing by a Division Bench of this Court, on behalf of the accused persons reliance was placed on a judgment of this Court in Sunil vs. State of Himachal Pradesh, latest HLJ, 2010 HP, 207 to substantiate their contentions that the stuff allegedly recovered from them has not been proved to be charas within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act' in short).