STATE OF HIMACHAL PRADESH Vs. HOTTAM RAM

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Special Judge, Fast Track, Kullu, in Sessions Trial No. 63 of 2010 dated 30.09.2011, vide which, learned trial Court has acquitted the accused for commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act.

(2.) The case of the prosecution was that on 04.07.2010, at about 5.00 p.m., Onkar Singh alongwith other police officials was going from Naggar road towards Saran Gaon on foot for patrolling duty. While on patrolling duty, police party saw one person coming from village Saran towards Naggar side at an isolated place on foot. This person, as soon as he saw the police party, started running. He was carrying one pink colour red bag in his hand. On the basis of suspicion, this person was nabbed by the police who on inquiry disclosed his name as Hottam Ram. SI Onkar Singh tried to associate some local person before conducting search of the accused, however, no local person was available at the site because the accused was nabbed at an isolated place.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 20(b)(ii)(C) of Narcotic Drugs & Psychotropic Substances Act, to which, he pleaded not guilty and claimed trial.