STATE OF HIMACHAL PRADESH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 15.12.2007, passed by the learned Special Judge (I), Kangra Division at Dharamshala, Distt. Kangra, H.P. in Sessions Case No. 19-K/VII-2007, titled as State of H.P. vs. Shamsher Singh, 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. 487 of 2006, dated 16.12.2006, registered at Police Station Kangra, the Whether reporters of Local Papers may be allowed to see the judgment? State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) THE prosecution case, in brief, is that on 16.12.2006, at about 7.15 p.m. at place Balla Mataur, the police party apprehended the accused and recovered 2 k.g. and 400 grams of charas from his possession. Two samples of 25 grams each were taken out from the recovered charas and sealed with seal impression-T. The remaining bulk was also sealed with the same seal. One sealed sample along with the NCB form and specimen seal were sent for chemical examination which were deposited at CFSL, Chandigarh, on 20.12.2006. As per the Chemical Examiner's report (Ext. PX) the contraband stuff was opined to be charas. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, prosecution examined as many as twelve witnesses and the statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded false implication.