STATE OF HIMACHAL PRADESH Vs. DHANU RAM

JUDGEMENT

(1.) THE moot point, which arises for consideration in the present appeal, is as to whether in the absence of any credible legal evidence, establishing accused Dhanu Ram to be in exclusive ownership or possession of the fields, over which opium poppy was being illegally cultivated, can he be convicted on the basis of testimony of police officials, namely Constable Ashok Kumar (PW -.3), Puran Chand (PW. 11), ASI Inder Singh (PW. 12), particularly when independent witness Mohar Singh (PW -2) has not supported the prosecution case.

(2.) STATE has appealed against the judgment dated 27.01.2010 of the learned Special Judge, FTC, Kullu, H.P., passed in Sessions Trial No. 16 of 2009, titled as State v. Dhanu Ram, challenging the acquittal of respondent Dhanu Ram (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 18 of the NDPS Act, to which he did not plead guilty and claimed trial.