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2013 Supreme(HP) 103

DEEPAK GUPTA, KULDIP SINGH
State of Himachal Pradesh – Appellant
Versus
Ram Chand – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. B.S. Parmar, Additional Advocate
General with Mr. V.S. Chauhan, Additional Advocate General and Mr. Kush Sharma, Dy. Advocate General.
For the respondent:Mr. Satyen Vaidya, Advocate.

JUDGMENT

Deepak Gupta, J.

This appeal by the State is directed against the judgment dated 14.8.2007 delivered by learned Special Judge( Fast Track Court), Solan in Case No. 4 FTC/7 of 2007, whereby he acquitted the accused of having committed an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act’).

2. Briefly stated, the prosecution story is that on 13.4.2006, PW-9 ASI Ram Chand alongwith other police officials and independent witness PW-2 Chand Kishore was on patrolling duty near Grownghatti. The police officials saw the accused holding a pink colour polythene bag in his right hand. The accused was going towards Gamberpul. On seeing the police party, the accused got perplexed and tried to run away. This aroused the suspicion of the police officials who apprehended the accused and the bag carried by him was searched by PW-9 Ram Chand. It was found to contain another white coloured polythene bag inside which there was charas. According to the prosecution in the presence of the independent witness Chand Kishore the charas was weighed and on weighment the charas was found 700 grams. Two samples of 25 grams















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