STATE OF HIMACHAL PRADESH Vs. SUNIL KUMAR

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 13.7.2012 rendered by the learned Special Judge, Fast Track Court, Chamba, District Chamba (HP) in Sessions Trial No. 2/2012, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted by the learned trial Court.

(2.) Prosecution case, in a nutshell, is that on 15.1.2012 at around 3.30 AM, PW-10 IO/HC Shoukat Ali accompanied by Constable Suresh (PW-1), SPO Jamal Deen (PW-2) and SPO Jan Mohd. was present on routine traffic checking and picketing at Zero Point, Jassourgarh. A Maruti car No. HP-47-0149 came from the side of Jassourgarh being driven by accused. On seeing the police, accused alighted from the aforesaid vehicle and after locking the same ran away towards Jassourgarh. Police apprehended the accused. It was a secluded and isolated place.

(3.) Prosecution has examined as many as ten witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. DW-1 Ashraf Khan and DW-2 Vijender Kumar, were examined from the defence side. Accused was acquitted as noticed above. Hence, this appeal by the State.