STATE OF HIMACHAL PRADESH Vs. MOHAN @ MOLAM RAM RESIDENT OF PATHWAL, P.O. SAWALA, TEH. CHURAH, ILLAQA BANJU, POLICE STATION TISSA, DISTRICT CHAMBA, H.P.

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 25.11.2004 passed in Sessions trial No. 2 of 2004 by Sessions Judge, Kullu, H.P.

(2.) THE prosecution case is that, 1.400 Kilograms of charas was recovered from the possession of the accused/respondent after holding a Naka at Lohani. Two -two samples of 25 -25 grams each were taken from the recovered charas and the same was sealed with three seals of impression "H" on each parcel and samples were sent for chemical examination. After completion of investigation, the accused/respondent was changed for offence under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act).

(3.) THE learned Sessions Judge, on analysis of the prosecution witnesses and material on record, inter alia on many of the grounds has found that the prosecution has failed to prove its case beyond reasonable doubt. Beside the above, the impugned order also requires no interference on the ground that the prosecution case is vitiated on the ground that the sample recovered was not actually charas. A view has already taken by this Court (Division Bench) in its judgment dated 19.9.2011, Cr. Appeal No. 391 of 2002 (State of H.P. Vs. Subhash Sharma @ Bhasi). The relevant paragraphs is extracted herein below: -