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2011 Supreme(HP) 586

R.B.MISRA, SURINDER SINGH
State of H. P. – Appellant
Versus
Ramesh Chand – Respondent


Advocates Appeared:
For the appellant :Mr. R.K.Sharma, Sr. Addl.Advocate General with Mr. Rajinder Dogra, Addl.Advocate General.
For the respondent:Mr. Pardeep K. Sharma, Advocate, Amicus-Curaie.

JUDGMENT

SURINDER SINGH,J

The State has challenged the acquittal of the respondent, passed in Sessions Trial No.10-S/7 of 2000, on 26th August, 2000 by the learned trial Court, for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, in short ‘the Act’, allegedly for keeping in possession 500 grams of Charas.

2. The respondent was represented by Shri T.R. Chandel, Advocate, who has expired. Shri Jagdish Vats, Advocate, whose Power of Attorney is on record is not present. Keeping in view the old pendency of the case and facts involved, we do not think it proper to adjourn the case. We appoint Shri Pardeep K. Sharma, as ‘Amicus-Curaie’. The paper book has been supplied to him to prepare the case and assist the Court.

3. Heard and gone through the record.

4. In short, the prosecution case as emerges from the prosecution evidence on record can be stated thus. On 21st February, 2000 at about 4.15 P.M., PW10 ASI Madan Lal was heading a police party in Ganj Bazzar, Shimla. He was accompanied by HC Chet Ram, Constables Parma Nand, Jagdish Kumar and Mohinder Singh. When they were passing through the place known as ‘Ghora Astbal’, they spotted the r



















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