STATE OF HIMACHAL PRADESH Vs. CHANDER

JUDGEMENT

(1.) Accused-Respondent Chander and his coaccused Rajesh & Nicolas Charles, who were charged for commission of offences, punishable under the provisions of Sections 20,21,27 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act), stand acquitted by the lower Appellate Court.

(2.) Noticeably, accused Nicolas Charles had served the sentence, in terms of the judgment passed by the trial Court, but however, even in the absence of his appeal, by relying upon the law laid down by the apex Court in Raja Ram and others v. State of M.P., 1994 2 SCC 568; Arokia Thomas v. State of T.N., 2006 10 SCC 542; and Suresh Chaudhary v. State of Bihar, 2003 4 SCC 128, lower Appellate Court also acquitted the said accused in the appeals preferred by present respondent Chander and co-accused Rajesh. Correctness of judgment dated 18.9.2009, passed by Additional Sessions Judge, Fast Track, Kullu, in Criminal Apepal No.9 of 2008, tited as Chander v. State of Himachal Pradesh, is the subject matter of challenge in the present appeal.

(3.) In short, it is the case of prosecution that on 15.11.2006, at about 8 p.m., police party, comprising of ASI Lal Chand (PW-6), Constables Om Parkash (PW-2) and Rajeev Kumar (PW-3), caught the accused smoking a contraband substance. Accused were searched and 3 grams of brown sugar and 10 grams of Charas was recovered from their conscious and exclusive possession.