STATE OF H.P Vs. MAHI PAL

JUDGEMENT

(1.) Challenging the acquittal of respondent/accused, for possessing 5 Kgs and 200 grams of charas, the State has come up before this Court by filing the present appeal. Whether reporters of Local Papers may be allowed to see the judgment?

(2.) The gist of the facts apposite to adjudicate the present appeal traces its origin to FIR No.160/2007, dated 11.8.2007 for commission of offence punishable under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (after now called as 'NDPS Act') registered in the file of Police Station, Parwanoo, District Solan, HP.

(3.) As per general diary entry No.37(A) (Ext.PW-5/D), police party comprising SI Jeet Ram (not examined), Head Constable Nand Lal (PW-4), and Constable Vijay Kumar (PW-3), proceeded to erect a check post at Sector-6, Parwanoo, District Solan, HP, on 17.11.2007 at 10.45 p.m. After that, as per general diary No.2(A) (Ext.PW-5/E), SHO of the Police Station, Parwanoo, Shri K.D. Khan (PW-9) also joined the police party, accompanied by Head Constable Desh Raj (not examined), and he had reached the spot by an automobile of the Police Department.