STATE OF H.P. Vs. RAM BAHADUR

JUDGEMENT

(1.) CRMP(M) No.1246/2015 For the reasons set out in the application, delay of 14 days in filing the application for leave to appeal, which, in my considered view, has sufficiently been explained, is condoned. Application stands disposed of. CRMP(M) No.1245/2015

(2.) 135 grams of Charas is alleged to have been recovered from the conscious possession of accused Ram Bahadur on 26.10.2013. In order to substantiate its case, prosecution has examined 9 witnesses. No independent witness stood associated at the time of search and seizure operations nor examined in Court. Finding the testimonies of police officials to be not inspiring in confidence, accused stands acquitted of the charge framed for commission of offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(3.) State has filed the present petition, under the provisions of Section 378(3) of the Code of Criminal Procedure, seeking leave to appeal against the judgment dated 1.5.2015, passed by Special Judge -II (Additional Sessions Judge), Kullu, Himachal Pradesh, in Sessions Trial No.110 of 2014, titled as State of Himachal Pradesh v. Ram Bahadur, whereby accused -respondent Ram Bahadur (hereinafter referred to as the accused), stands acquitted of the charge of having committed offence, punishable under the provisions of Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter after referred to as the Act).