STATE OF H P Vs. RAMESH & ORS

JUDGEMENT

(1.) The State has come in appeal against the judgment dated 30.4.2011, rendered by the learned Special Judge (II), Kinnaur at Rampur, H.P., in RBT No. 17-AR/3 of 2009/2010, whereby the respondents-accused (hereinafter referred to as the accused), who were charged with and tried for offences punishable under Sections 18, 20, 29 and 60 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 22.6.2009, police party comprising of Dy. S.P. Pankaj Sharma (Probationer), PW-1 HHC Kashmi Ram, PW-2 HHC Roshan Lal, PW-9 HC Pushap Dev, Const. Bhoop Singh, Const. Mukesh Kumar and HHG Om Parkash left PS Anni in taxi No. HP-01K-0810. It was driven by Const. Hem Raj towards Kothi in connection with routine patrolling. At about 3:00 PM, when they reached at Riun Gaad, they found Indica Car No. HR-55-CT-0914 standing. The accused were the occupants of the Car.

(3.) The prosecution, in order to prove its case, has examined as many as nine witnesses. The accused were also examined under Section 313 Cr.P.C. According to them, they were falsely implicated. They also examined six witnesses in defence. The learned trial Court acquitted the accused, as noticed hereinabove. Hence, this appeal.