STATE OF HIMACHAL PRADESH Vs. PHOOL CHAND

JUDGEMENT

(1.) Respondent was acquitted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act for allegedly keeping in possession 150 grams of charas and also under Section 61 (1) (a) of the Punjab Excise Act as applicable to the State of Himachal Pradesh for 36 bottles of country liquor without permit. The acquittal has been challenged by the State in the present appeal.

(2.) Heard and gone through the record.

(3.) The entire gamut of the prosecution case as revealed by PW13, ASI Prem Raj is that the aforesaid alleged contraband was recovered from the dhara (temporary shed) of the accused. In cross examination he stated that he was told by the witnesses (not named) that the dhara/shed in question was that of the accused.