STATE OF H P Vs. MOHAN LAL

JUDGEMENT

(1.) The State has come in appeal against the judgment dated 31.5.2011, rendered by the learned Special Judge (FTC), Kullu, H.P., in Sessions Trial No. 51/2010, whereby the respondent-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), has been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 16.2.2010 at about 8:10 PM at place known as "Fagu Bridge" Inspector SHO along with HC Purshotam, HHC Hem Raj and HHG Sher Singh was going towards Larji in official vehicle in connection with patrolling duty. When the police party reached near Fagu bridge, they noticed one boy standing on the bridge. On seeing the police vehicle, he turned towards Ghambhir road and tried to run down towards the rivulet. The police party became suspicious and nabbed the accused. The boy disclosed his identity. SHO suspected that the boy was carrying some narcotic substance. The place was isolated. The police waited for sometime, but when neither any vehicle nor any person passed through the road, SHO joined HC Purshotam and HHC Hem Raj as witnesses.

(3.) The prosecution, in order to prove its case, has examined as many as nine witnesses. The accused was also examined under Section 313 Cr.P.C. According to him, he was falsely implicated. He denied the prosecution case in entirety. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.