Justice Dharam Chand Chaudhary, J.: The State has come-up in appeal against the judgment dated 1.11.2003 passed by learned Sessions Judge, Kullu in Sessions Trial No.24 of 2003 whereby the respondents, hereinafter referred to as ‘the accused persons’, who have been acquitted from the charge under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as ‘the Act’ in short, framed against each of them.

2.The challenge to the impugned judgment is on the grounds, inter-alia that learned trial Judge has failed to appreciate the evidence available on record in its right perspective and recorded the findings qua acquittal of the accused in a perfunctory and slipshod manner and also on flimsy grounds. The testimonies of prosecution witnesses have been discarded without assigning any reason.

3.The present is a case where in the presence of PW-3 Shri Hans Raj and PW-4 Shri Aman Nag and that of police officials, namely, LHC Mast Ram (PW-5) and ASI Ram Sarup (PW-6), PW-9, S.I. Balwant Singh allegedly recovered charas weighing 1 kg. 650 gms. from the accused persons when reached near cinema hall at Sarwari Bazaar, Kullu on 1.11.2002 around 11.00