STATE OF HIMACHAL PRADESH Vs. TEK CHAND

JUDGEMENT

(1.) In this appeal, filed under the provisions of Section 378 of the Code of Criminal Procedure (hereinafter referred to as the Code), we are called upon to decide the correctness of judgment dated 10.12.2010, passed by the learned Special Judge, Chamba Division, Chamba, Himachal Pradesh, in Sessions Trial No.13 of 2010, titled as State of Himachal Pradesh v. Tek Chand, whereby respondent Tek Chand (hereinafter referred to as the accused), stands acquitted.

(2.) In relation to FIR No.22, dated 31.1.2010 (Ex.PW-5/C), registered at Police Station, Sadar Chamba, Himachal Pradesh, accused was charged to face trial 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 Act).

(3.) On 31.1.2010 at about 12.10 a.m., 2.5 kgs of Charas was recovered from the bag carried by the accused. To establish such charge, prosecution seeks reliance upon the testimonies of independent witnesses Hamid Beg (PW-1) and Om Parkash (Pw-2), who have not supported the prosecution, as also police officials HC Virender Singh (PW-3), Constable Mohd. Aslam (PW-4) and HC Kartar Singh (PW-11).