STATE OF H P Vs. KUNDAN LAL

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State, laying challenge to judgment dated 20.07.2010, passed by learned Special Judge, Fast Track Court, Kullu, District Kullu, H.P., in Sessions Trial No. 06 of 2010, whereby the accused/respondent (hereinafter referred to as "the accused") was acquitted for the commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as "ND & PS Act").

(2.) Succinctly, the facts giving rise to the present case can be summarized thus:

(3.) The prosecution, in order to prove its case, examined as many as ten witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he pleaded that he was present in the shop as salesman and a polythene containing charas was found outside the shop. Investigating Officer inquired about the polythene and when he feigned his ignorance an altercation took place and a false case foisted on him. The accused, in his defence, examined Shri Makund Lal as defence witness.