STATE OF HIMACHAL PRADESH Vs. KISHORI LAL

JUDGEMENT

(1.) The appellant-State has assailed acquittal of the respondent by filing present appeal challenging judgment dated 29.12.2015 passed in Sessions Trial No. 10 of 2015 by Special Judge, Chamba, Division Chamba, H.P. in case FIR No. 14 of 2015 dated 25.01.2015 registered under Sec. 20 of the of Narcotic Drugs and Psychotropic Substances Act, 1985 registered in Police Station Dalhousie, District Chamba, HP.

(2.) As per prosecution case, on 24.01.2015, Police Party consisting of Head Constable Kartar Singh HC Inder Singh, HHC Pritam Singh and HHC Mehar Singh had left Police Post Banikhet for patrolling at about 9.40 PM. In Banikhet Market they were talking with PW-1 Arun Kumar Rana and PW-10 Parth Sharma. At that time respondent had come from Bus Stand side, who on seeing police party, had frightened and gone to toilet at Bus Stand Banikhet but not come out for 7 minutes, therefore, he was called by HC. Kartar Singh. His name and address was inquired and after complying with provision of law his Pithu bag was checked from which 1.20 Kgs. charas was recovered. After completion of investigation challan was put in the Court. On conclusion of trial respondent was acquitted by trial Court.

(3.) We have heard learned Additional Advocate General and have gone through the record made available by him.