STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 7.2.2015 rendered by learned Special Judge, Shimla, Himachal Pradesh in Sessions Trial No. 10-S/7 of 2011, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sec. 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'Act' for convenience sake) has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 21.1.2011 SI Ajay Kumar Bhardwaj along with other police officials was present at Civil Supply gas Agency near Bhatta Kuffar Chowk. At about 1.40 pm, he noticed a person wearing grey coloured jacket coming from gas agency side. On seeing the police, he tried to run away. He was nabbed. Accused gave his option to be searched by police in the presence of witnesses vide Ext PW-2/A. Personal search of the accused was carried out. A polythene envelope was found from the right pocket of the grey coloured jacket worn by the accused. It was found to be charas. It weighed 300 grams. Investigation was completed and Challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 11 witnesses to prove its case against the prosecution. Accused was also examined under Sec. 313 Criminal Procedure Code. He pleaded innocence. Learned trial Court acquitted the accused. Hence, this appeal.