STATE OF HIMACHAL PRADESH Vs. ROOP LAL

JUDGEMENT

(1.) THE respondent, hereinafter referred to as 'the accused' though has undergone trial under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act') with the allegations that during his personal search conducted by PW -7, Head Constable Naresh Chand, the then Investigating Officer, Police Station, Manali in the presence of PW -6, Constable Raman Kumar and Constable Uttam Chand in Dhungri (Manali) forest, contraband, allegedly charas weighing 200 gms. was recovered from him, however, has been acquitted by learned Special Judge, Fast Track Court, Kullu vide judgment dated 28.3.2009 under challenge in the present appeal.

(2.) THE State (Prosecution) aggrieved by the acquittal of the accused, has challenged the legality and validity of the impugned judgment on the grounds, inter alia, that the evidence available on record has not been appreciated in its right perspective and rather in a slip shod and perfunctory manner and, as such, the findings recorded by learned trial court are manifestly unreasonable and unsustainable. The evidence, as has come on record by way of the testimony of prosecution witnesses has allegedly been discarded for untenable reasons and the trial court based its findings on hypothesis, surmises and conjectures. Learned trial court is stated to have erred in arriving at a conclusion that the evidence as has come on record by way of the testimony of PW -6, Raman Kumar and PW -7, HC Naresh Chand is contradictory. In a nut shell, it has been emphasized that the prosecution has been able to prove its case against the accused beyond all reasonable doubt and, as such, the impugned judgment whereby he has been acquitted is neither legally nor factually sustainable.

(3.) THE present is a case where the independent witnesses have not been associated at the pretext of not available though efforts allegedly were made to trace out the independent witnesses by deputing PW -6, Raman Kumar. The entire prosecution case, therefore, rests upon the testimony of the official witnesses, i.e. Constable Raman Kumar (PW -6) and Head Constable Naresh Chand (PW -7).