STATE OF HIMACHAL PRADESH Vs. SATISH KUMAR

JUDGEMENT

(1.) By way of the present appeal, the State has challenged the judgment passed by the Court of learned Special Judge (II), Kinnaur at Rampur, in Sessions Trial RBT No. 19-AR/3 of 2009/10 dated 27.04.2011, vide which judgment, the learned Trial Court has acquitted the present respondent for commission of offences punishable under Sections 20 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') Sections 279, 337 and 304-A of Indian Penal Code (in short 'IPC') and Section 181 of the Motor Vehicle Act, 1988 (in short 'M.V.Act').

(2.) The case of the prosecution in brief was that on 15.08.2009 at about 4:15 a.m. PW2 Shri Lachhi Ram gave information on telephone at Police Station Nirmand that a car had met with an accident at Khobar Gali Nalah, pursuant to which PW10 Inspector Vidya Chand alongwith other police officials left Police Station Nirmand and reached on the spot at 5:0 a.m. At the spot they found that car bearing registration No. HR-51Y-4488 had fallen 150 feet down from the road. Accused Satish was found near the car in an injured condition who identified himself as owner-cum-driver of the said car. Search of the car was carried out in the presence of PW2 Lachhi Ram and PW3 Khub Ram. Two dead bodies were found lying near the car which were identified by the accused to be of Aman Maan and Arya Mittal, who according to him, were also traveling in the said car. The case of the prosecution further is that during the search of the car, one bag containing two kilograms of 'Charas' in the shape of balls was recovered from the rear side pocket of the driver's seat.

(3.) Learned trial Court on the basis of material produced on record by the prosecution concluded that the prosecution has failed to prove recovery of 'Charas' from the exclusive and conscious possession of the accused beyond reasonable doubt and it accordingly acquitted the accused.