STATE OF HP Vs. MAZAR HUSSAIN

JUDGEMENT

(1.) THE present appeal has come up for adjudication after leave to appeal has been granted under section 378 (3) of the Code of Criminal Procedure in reference to the judgment dated 7.5.2010 passed by learned Special Judge, Bilaspur in Sessions Trial No.5 of 2009, acquitting the accused/respondent Under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 in reference to FIR No. 61/09 dated 4.3.2009. Whether the reporters of the local papers maybe allowed to see the judgment?

(2.) PROSECUTION story is that on 3.3.3009, police party, while on patrolling, when proceeded towards Bilaspur National Highway for regular traffic checking, observed a private bus bearing registration No. U-17-C-2858 coming from Manali side, bound for Delhi, which was stopped for checking and after checking, one black colour bag Ext P-6 was found kept in the Dicky of the bus, said to be belonging to the accused. Inspector Gurdial Singh (PW-11) on opening of the bag found containing one underwear Ext P-2 of white colour from which 'Charas' in the shape of 'biscuits' and 'sticks' was recovered and on weighing it was found 800 grams of 'charas. Two samples each of 25 grams were taken and each of the parcels were sealed with seal impression 'P' and remaining 'charas' was also kept in the main bulk. After receiving Assistant Chemical Examiner's report and investigation, accused was charged charged for the aforesaid offence.

(3.) ON analysis of the prosecution witnesses and materials on record, learned Special Judge, Bilaspur keeping in view the contradictions and inconsistencies, has arrived at the conclusion that the prosecution has failed to prove its case beyond reasonable doubt.