STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) I have the privilege to go through the judgment authored by my Senior Colleague. I have also gone through the complete record of the case as well as the impugned judgment of acquittal passed by learned Special Judge-II, Solan, Distt. Solan, Himachal Pradesh. I say with utmost respect that I have arrived at an opposite finding. With due reverence, I do not agree with the reasoning, therefore, I am under a legal obligation to write my separate judgment.

(2.) The present appeal has been filed by the State of Himachal Pradesh under Section 378 of the Code of Criminal Procedure, assailing the judgment of acquittal dated 20.10.2009, passed by the Special Judge-II, Solan, Distt. Solan, Himachal Pradesh, in Sessions Trial No. 6-S/7 of 2009, titled as State of Himachal Pradesh vs. Ashok Kumar & another, whereby the trial Court has dismissed the prosecution case and acquitted both the accused of the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act").

(3.) The gist of the evidence apposite to arrive at a just conclusion is as follows :