STATE OF HIMACHAL PRADESH Vs. SURJEET KUMAR

JUDGEMENT

(1.) The State has come in appeal against Judgment dated 18.9.2008 rendered by the learned Special Judge-II, Solan, District Solan, Himachal Pradesh in Sessions Trial No. 11-S/7 of 2008, whereby respondent-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act' for convenience sake), has been acquitted by the learned trial Court.

(2.) Prosecution case, in a nutshell, is that on 12.4.2008, police personnel were on patrol duty from Police Station, Darlaghat and were proceeding towards Kararaghat. At about 6.30 PM, when they were near hotel known as Sapna Hotel, accused was found carrying a bag on his left shoulder. On seeing the police, the accused tried to flee away. He was overpowered. The bag contained a bundle wrapped in green coloured Dupatta. It contained Charas in the shape of sticks. It weighed 810 grams. Police took samples of 10 grams each out of the Charas. Sample and the bulk were packed and sealed separately. NCB form was filled in. Rukka was sent to the Police Station. Contraband was sent to FSL Junga. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as ten witnesses to prove its case against the accused. Accused was also examined under Section 313 CrPC. He pleaded innocence. Accused was acquitted as noticed above. Hence, this appeal by the State.