STATE OF H.P. Vs. SURENDER PAL AND ORS.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 6.9.1995 of the learned Sessions Judge, Chamba, in Sessions case No. 7 of 1995 whereby he acquitted the accused of having committed offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) ACCUSED No. 1 has been declared to be a proclaimed offender and the appeal is being heard in respect of accused No. 2 and 3.

(3.) THE main ground which weighed with the learned trial Court was that the search had not been conducted in accordance with Section 100 Cr.P.C. inasmuch as the two independent witnesses could not be said to be locally respectable persons. The second ground was that the documents clearly indicated that they were got signed by the witnesses later on .