STATE OF HIMACHAL PRADESH Vs. SES RAM

JUDGEMENT

(1.) Respondents were charge-sheeted, tried and acquitted under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the Act'), for cultivation of cannabis plants in the land comprising khasra No. 569 measuring 5-18-0 bighas in village Tosh Kutla, District Kullu. Heard Mr. J.S. Rana, learned Assistant Advocate General. The respondents, (hereinafter referred to as 'the accused persons'), are duly represented through counsel, however, the counsel is not present. Thus, in view of the judgment of the Hon'ble Supreme Court in K.S. Panduranga V. State of Karnataka, 2013 3 JT 514, we proceed to examine the case on its own merit.

(2.) In short, the prosecution case is that:-

(3.) On 7.10.2004, one of the sample parcels was sent to CTL, Kandaghat through Constable Pratap Singh vide RC No. 281 of 2004, Ext. PW6/A for its examination. He deposited the same in the Laboratory. On his return, he produced the receipt of the RC. On examination, the Forensic Science Laboratory opined it plants of cannabis Sativa (Indian hemp).