STATE OF HIMACHAL PRADESH Vs. CHIRANJI LAL

JUDGEMENT

(1.) IN relation to FIR No.56/2008, registered at Police Station, Nirmand, District Kullu, under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), accused Chiranji Lal stands acquitted by the trial Court, vide impugned judgment dated 15.12.2011, passed in RBT No.16 -AR/3 of 2008/2011, titled as State of Himachal Pradesh v. Chiranji Lal.

(2.) TRIAL Court found the prosecution not to have proved the fact that 750 grams of Charas was recovered from the conscious and exclusive possession of the accused. It is the case of prosecution that on 14.5.2008, police party headed by Tej Ram (PW -11), comprising of Diwan Chand (PW -1), Gopal Chauhan (PW -3), Chand Prakash (PW -7) and Pritam Singh had gone to village Chotu in connection with investigation of crime under the Act. On suspicion, accused, who after seeing the police party tried to flee away, was searched and Charas wrapped around his legs was allegedly recovered.

(3.) CONTRADICTIONS in the testimony of the prosecution witnesses, glaring and fatal, weighed with the trial Court in acquitting the accused.