THE STATE OF H.P. Vs. EVBORO

JUDGEMENT

(1.) MR . Vinay Thakur, Advocate, has been requested to assist this Court as Amicus Curiae and he has kindly agreed to the same. Accordingly, Mr. Vinay Thakur, Advocate, has assisted this Court in response to the submissions made on behalf by Mr. R.K. Sharma, Sr. Additional Advocate General, for the appellant -State.

(2.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 17.11.2006, passed by learned Special Judge (II), Mandi, District Mandi, Himachal Pradesh, in Sessions Trial No. 13 of 2005, acquitting the alleged accused under Section 20 of the NDPS Act.

(3.) IN order to prove its case, prosecution examined as many as nine witnesses, whereas, accused through his statement under Section 313 Cr.P.C. denied the prosecution case and has also stated that on 31.07.2005, he alongwith his wife, Lallian Sangi, was travelling in HRTC bus en -route from Kullu to Chandigarh. At 5 a.m., the bus was stopped by the police in traffic tunnel, Aut and he was asked to show his visa and passport. Both, accused -respondent and his wife were retained by the Kullu Police and he was taken to the Police Station. His wife, Lallian Sangi, insisted to accompany him, however, she was not allowed to accompany him by the police. His wife returned from Mandi and reached at Police Station, Aut at about 10 a.m. He asked his wife to make a complaint to S.P. Mandi for taking her husband in unlawful custody. According to the accused -respondent he had been falsely implicated and he further stated that Yadvender Gupta etc. had taken a lot of money from him at Manali and Kullu and they did not return the same. Accused -respondent was also harassed by the Kullu Police and accused in support of his defence examined five defence witnesses.