JUDGMENT :

R.B. Misra, J.

In view of our order dated 07.07.2010, this Court ordered for the issuance of non bailable warrants against the accused respondent for ensuring his presence. However, keeping in view the prevailing law and order situation and unusual circumstances in Jammu and Kashmir, the service could not be effected upon the accused respondent.

2. At the request of the learned Additional Advocate General, for the appellant State, the matter is being dealt with on merits and Ms. Nishi Goel, Advocate, is appointed as Legal Aid Counsel for the accused respondent to assist this Court on his behalf.

3. The brief of the case has been given to Ms. Nishi Goel, Advocate. Heard Mr. Rajinder Dogra, Additional Advocate General, for the appellant State and Ms. Nishi Goel, Advocate, for the accused respondent.

4. The present criminal appeal has come up for consideration after leave to appeal u/s 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 24.03.1995, passed by the learned Sessions Judge, Shimla, District Shimla, in Sessions Trial No. 32S/7 of 1994, acquitting the alleged accused u/s 20 of the Narcotic Drugs and Psychotrop