STATE OF HIMACHAL PRADESH Vs. LAL SINGH

JUDGEMENT

(1.) ON the request asking and consent, the appeal is taken up for hearing. Assailing the judgment dated 1.12.2012, passed by the learned Special Judge, Kullu, H.P., in Sessions Trial No. RBT 67/12 (36 of 2011), titled as State of Himachal Pradesh v. Lal 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. 110 of 2011, dated 28.5.2011, registered at Police Station Sadar, Kullu, 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 28.5.2011, at about 8.05 a.m. at place Suma Chalon Forest near Suma Ropa, the police party apprehended the accused and recovered 300 grams of charas from his possession. The case property was sealed with seal impression -O. Case property was sent for chemical examination, which was deposited at FSL, Junga, on 30.5.2011. As per the Chemical Examiner's report (Ext. PW -8/B) 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 nine 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. Accused has also examined one witness in defence.