STATE OF HIMACHAL PRADESH Vs. SANJEEV AND ANOTHER

JUDGEMENT

(1.) This appeal is instituted at the instance of the State against the judgment dated 31.8.2012, rendered by the learned Special Judge (FTC), Kullu, H.P., in Sessions trial No. 11/2011, whereby the respondents-accused (hereinafter referred to as the accused), who were charged with and tried for offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ND & PS Act), have been acquitted.

(2.) The case of the prosecution, in a nut shell, is that on 22.12.2010, HC Nand Lal along with other police personnel was on patrolling duty in official vehicle. They spotted the accused at Ruara bridge sitting by the side of the road. The accused tried to abscond. They were apprehended. The bag was also lifted and brought to the vehicle. Word 'COASTER' was inscribed on the red coloured bag. The place was solitary and no independent person was available on the spot. The I.O. sent Const.

(3.) The prosecution, in order to prove its case, has examined as many as eight witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.