STATE OF HIMACHAL PRADESH Vs. PREM RAJ

JUDGEMENT

(1.) ASSAILING the judgment dated 9.10.2012, passed by the learned Special Judge, Fast Track Court, Chamba, District Chamba, H.P. in Sessions Trial No. 1 of 2012, titled as State of H.P. vs. Prem Raj, 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 2012 (Ext. PW 8/B), dated 8.2.2012, registered at Police Station Dalhousie, District Chamba, the State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) THE prosecution case, in brief, is that on 8.2.2012, at about 8.45 p.m. at place Shardi Nala on the Chamba ­ Pathankot Highway, the police party apprehended the accused and recovered 2 k.g. of charas from his possession. The recovered charas was sealed with seal impression-K and taken into possession vide seizure memo Ext. PW 1/D. The recovered Charas alongwith the NCB form and specimen seal were sent for chemical examination which were deposited at State Forensic Science Laboratory, Junga, H.P. on 10.2.2012. As per the Chemical Examiner's report (Ext. PX) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as twelve witnesses and the statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.