STATE OF H.P. Vs. KESAR SINGH

JUDGEMENT

(1.) STATE has appealed against the judgment dated 28.2.2008, passed by the Sessions Judge, Una, Himachal Pradesh, in Sessions Case No. 19 of 2005, titled as State of Himachal Pradesh v. Kesar Singh, challenging the acquittal of respondent Kesar Singh (hereinafter referred to as the accused), who stands charged for having committed offence punishable under the provisions of Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) CERTAIN facts are not in dispute. In relation to FIR No. 581, dated 21.8.2004, under the provisions of Section 15 of the Act, registered at Police Station, Una, accused was charged to face trial for having found in possessing 5 kg. of poppy husk, in contravention of the provisions of Section 15 of the Act. To establish the said charge, prosecution examined as many as 14 witnesses, including Inspector Surinder Sharma (PW -13), SHO, Police Station Kangra, District Kangra, H.P., who proved on record the Chemical Examiner Report (Ex. PW -13/B).

(3.) A Coordinate Bench of this Court in Rajiv Kumar alias Guglu v. State of H.P., : 2008 (1) SLC, 168, has held as under: -