STATE OF HIMACHAL PRADESH Vs. HANS RAJ

JUDGEMENT

(1.) The present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 3.10.2007, passed in Sessions Trial No.38/2007/2006 by Special Judge, Chamba, Himachal Pradesh, acquitting the accused/ respondent for the offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act).

(2.) The prosecution case in brief is that on 23.11.2005 at about 5.15 p.m., accused-respondent was apprehended and on search 700 grams of charas was recovered from the bag, which he was carrying. Two samples each weighing 25 grams were separated from bulk charas, out of which one sample was sent for chemical examination. After receipt of the report of the Chemical Examiner and completion of investigation, accused-respondent was charged for the aforesaid offence.

(3.) In order to prove its case, prosecution examined as many as thirteen witnesses. Accused-respondent was also examined under Section 313 of the Code of Criminal Procedure, wherein he denied the prosecution case.