STATE OF HIMACHAL PRADESH Vs. TATINDER SINGH @ BILLU

JUDGEMENT

(1.) Heard. Leave to appeal granted. Application stands disposed of. Appeal be registered.

(2.) Assailing the judgment dated 30.3.2013, passed by the learned Special Judge-I, Sirmaur District at Nahan, H.P., in Sessions Trial No. 22-ST/7 of 2010, titled as State of Himachal Pradesh versus Tatinder Singh @ Billu, 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. 114 of 2010, dated 5.4.2010, registered at Police Station Paonta Sahib, Distt. Sirmour, 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 5.4.2010 at about 10.00 p.m. at place Yamuna Rohara near Kripal Shilla Gurudwara, a police party of SIU, Nahan apprehended the accused and recovered 600 grams of charas from his possession. Two samples of 25 grams each were taken out from the recovered charas and sealed with seal impression-"B". Case property was sent for chemical examination, which was deposited at FSL, Junga, on 7.4.2010. As per the Chemical Examiner's report (Ext. PW-4/A) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.