STATE OF H. P. Vs. HOM SINGH

JUDGEMENT

(1.) Aggrieved by the order of acquittal of the respondent for the offence punishable under Ss. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "the NDPS Act"), the petitioner-State has filed the instant petition for grant of leave to appeal.

(2.) The parties do not dispute that the case as set out by the prosecution has correctly been enumerated by the learned Special Judge, therefore, the same is extracted as such from the judgment.

(3.) It would be noticed that the learned Special Judge has not only upheld case set up by the prosecution, but also negated all the contentions that were raised by coaccused/convict Chetan Parkash and accordingly, he was convicted and sentenced under Ss. 20 and 29 of the NDPS Act though for being in conscious possession of only 35.613 grams charas.