STATE OF HIMACHAL PRADESH Vs. OM PRAKASH

JUDGEMENT

(1.) State has appealed against the judgment dated 13.7.2012, passed by learned Special Judge, Fast Track Court, Chamba, District Chamba, Himachal Pradesh, in Sessions Trial No.9/11/12, titled State v. Om Prakash, challenging the acquittal of respondent Om Prakash (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) It is the case of prosecution that on 1.9.2011, at about 4.30 a.m., police party, headed by HC Deva Nand (PW-8), found the accused walking in suspicious circumstances and as such was searched. Police recovered 1.3 kgs of Charas from the bag carried by the him.

(3.) Finding the report of the Expert (Ex.PX) not to have established the contraband substance to be Charas, so based on the law laid down by this Court in Sunil Kumar v. State of H.P., 2010 LatestHLJ 207 HP , trial Court acquitted the accused. Undisputedly, the said decision came to be reversed by a Full Bench of this Court in State of H.P. v. Mehboon Khan, 2014 2 LatestHLJ 900 (HP) (FB), and as such report of the Expert (Ex.PX), indicating the contraband substance to be Charas, can be read in evidence.