STATE OF H.P. Vs. AEHSAN

JUDGEMENT

(1.) THE State appeals against the judgment of learned Additional Sessions Judge, Fast Track Court, Shimla acquitting the respondent for offences under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as 'the Act'). A number of submissions have been made by learned Additional Advocate General in support of his contentions that the judgment of the learned trial Court cannot be sustained more especially in view of the statements of PW1 Shri Virender Singh, PW6 Madan Lal, PW8 Chet Ram and PW13 Anil Dutt.

(2.) BEFORE adverting to these submissions, we have gone through the record. Ext. PJ which is the report of the Forensic Science Laboratory stating that on microscopic examination cystolithic hair were found present, the Beam's Alkaline Test was positive and resin was found to be 22.0% and opined that the contraband substance contained the contents of charas.

(3.) THIS judgment has neither been set aside nor reversed, varied or modified. In these circumstances, without going into the other aspects of the case, we hold that it has not been proved that recovery of the contraband is in consonance with the provisions of the Act. We also hold that the recovery cannot be considered as certified that the accused was in possession of the contraband substance namely charas. We therefore find no merit in this appeal, which is accordingly dismissed. Bail bonds furnished by the accused stand discharged.