STATE OF HIMACHAL PRADESH Vs. ONYEMAECHI

JUDGEMENT

(1.) PETITIONER -State has filed the present petition under the provisions of Section 378(3) of the Code of Criminal Procedure, seeking leave to appeal against the judgment dated 11.11.2014, passed by Special Judge -II (Additional Sessions Judge), Kullu, Himachal Pradesh, in Sessions Trial No. 48 of 2014, titled as State of H.P. v. Onyemaechi, whereby accused -respondent (hereinafter referred to as the accused) stands acquitted of the offence, punishable under the provisions of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act).

(2.) IN connection with FIR No. 108 dated 2.4.2014 (Ex. PW -7/A), registered at Police Station, Sadar (Kullu), under the provisions of Section 21 of the NDPS Act, and Section 14 of the Foreigners Act, accused Onyemaechi was charged to face trial, for having committed the aforesaid offences. Allegedly, he was found to be in conscious possession of 9 grams of cocaine and also violated the provisions of the Foreigners Act.

(3.) HENCE , the present petition for leave to appeal by the State against the acquittal of the accused, in relation to offence punishable under Section 21 of the NDPS Act.