STATE OF HIMACHAL PRADESH Vs. SHAKTU RAM

JUDGEMENT

(1.) THE moot point, which arises for consideration in the present appeal, is as to whether in the absence of any creditable evidence, establishing accused Tulsi 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 Bhag Chand (PW -2), Guddu Ram (PW -4) and ASI Inder Singh (PW -13), particularly when the independent witness Mohar Singh (PW -1) has not supported the prosecution case.

(2.) STATE has appealed against the judgment dated 5.10.2009 of the learned Special Judge, Fast Track Court, Kullu, Himachal Pradesh, passed in Sessions Trial No. 15 of 2009, titled as State v. Shaktu Ram, challenging the acquittal of respondent Shaktu 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.