STATE OF H.P. Vs. RAKESH

JUDGEMENT

(1.) The present appeal is maintained by the appellant/State, laying challenge to judgment dated 28.10.2014, passed by learned Special Judge-II, Kullu, District Kullu, H.P., in Sessions Trial No. 78 of 2014, whereby the accused/respondents (hereinafter referred to as "the accused persons") were acquitted for the commission of offence punishable under Section 20 of Narcotic Drugs & Psychotropic Substances Act , 1985 (hereinafter referred to as "ND&PS Act").

(2.) The background facts, as projected by the prosecution, can succinctly be summarized as under: On 21.12.2013, around 03:30 p.m. at Check Post Bajaura, police party was checking the vehicles. At about 07:00 p.m. a Volvo bus, having registration No. PB01-A-2205 of Indo Canadian, being driven by Gurmukh Singh came from Kullu side.

(3.) The prosecution, in order to prove its case, examined as many as nine witnesses. Statement of the accused persons were recorded under Section 313 Cr.P.C., wherein they pleaded not guilty.