STATE OF HIMACHAL PRADESH Vs. SAMPAT JAHORAR

JUDGEMENT

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

(2.) Assailing the judgment dated 19.11.2012, passed by the learned Special Judge, Kullu, H.P., in Sessions Trial No. 38 of 2012, titled as State of Himachal Pradesh versus Sampat Jahorar, 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. 211 of 2007, dated 15.4.2007, registered at Police Station Kullu, 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 14.4.2007, at about 8.30 p.m. at place Chanal Behar Jungle, the police party apprehended the accused and recovered 100 grams of charas in the shape of sticks and balls 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. One sealed sample along with the NCB form and specimen seal were sent for chemical examination which were deposited at FSL, Junga, on 16.4.2007. As per the Chemical Examiner's report (Ext. PW- 3/E) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.