Dharam Chand Chaudhary, J.

The learned Special Judge, (Fast Track Court) Kullu, Himachal Pradesh, has acquitted accused Kamlesh Kumar and accused Mahender Singh of the charge under Section 20(b)(ii) (c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the Act’ in short), whereas their co-accused Swaru Ram under Section 20(b)(ii) (c) read with Section 29 of the Act, vide impugned judgment dated 17.5.2011, passed in sessions trial No. 43 of 2010.

2. The allegations against accused Kamlesh Kumar, in a nut shell, are that on 22.3.2010, around 2:00 AM (midnight) at Khalara-nullah, District Kullu, during the course of checking of the bag he was carrying with him, charas weighing 2.500 kgs was recovered there from him whereas charas weighing 2.200 kgs from his co-accused Mahender Singh. Since accused Kamlesh allegedly was found to be in the possession of charas whereas facilitated the illicit trafficking of charas by his co-accused Mahender Singh, therefore stated to have committed an offence punishable under Section 20(b)(ii) (c) read with Section 29 of the Act. Similarly, charge against Mahender Singh is that he was no