IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.36 of 1998 Decided on : February 26, 2010 State of H.P. …Appellant. Versus Chuni Lal …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Appellant : Mr. Rajinder Dogra, Additional Advocate General. For the Respondent : Mr. N.K. Thakur, Advocate. Surjit Singh, J (Oral) Heard and gone through the record. 2. This appeal by the State is directed against the judgment, dated 8th August, 1997, of learned Sessions Judge, Chamba, whereby respondent Chuni Lal, who was tried for offence, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, has been acquitted. 3. According to the prosecution, on 10th October, 1996, when Hirdu Ram, SHO Police Station, Khairi, was present at Chauhra, he received secret information that a man with Charas was travelling by a bus, which was coming from Sundla side. Said Hirdu Ram associated with him two independent witnesses, namely Kishan Chand (PW-3) and Mansha Ram (PW-4), and organized a Naka at a place called Dralka. Soon Bus No.HP-47-0042 reached the site of Whether reporters of the local papers may be allowed to see the judgment? …2… Naka. Respondent was allegedly found sitting on one of the seats, with a bag held between his legs. On search of the bag, Charas weighing 3 kgs was recovered. Two samples, each weighing 10 grams, were separated. One of the samples was sent to the Chemical Examiner, who opined the contents to be Charas. During the course of trial, prosecution examined the abovenamed two independent witnesses, who did not support its version. Hirdu Ram SHO was not produced by the prosecution. Thus, there is no evidence on record in support of the prosecution version that the respondent was carrying a bag, while travelling by a Bus and Charas was recovered from that bag. Consequently, the appeal is dismissed. ( Surjit Singh ), J February 26, 2010(sd) ( Rajiv Sharma ), J