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Himachal Pradesh High Court · body

2016 DIGILAW 420 (HP)

STATE v. ACCUSED

2016-04-05

P.S.RANA, SANJAY KAROL

body2016
JUDGMENT : SANJAY KAROL, P.S. RANA, JJ. 1. We find that the contradictions in the statements of witnesses Shri Daya Sagar (PW-3) and Shri Gulab Chand (PW-8), particularly on the point of objections raised by the Central Forensic Science Laboratory, Chandigarh, weighed heavily with the Court below while acquitting the accused who stood charged for having committed offences punishable under the provisions of Sections 20 and 29 of the Narcotic Drugs Psychotropic Substance Act, 1985. 2. Allegedly, the accused were carrying 4 Kg. and 500 grams of Charas in their vehicle bearing No. HP-20E-0102. 3. The trial was conducted by the Public Prosecutors, Shri S.S. Pathania and Shri S.S. Bhatti. Before we take any further action or issue any direction in the matter, we direct the Chief Secretary to the Government of Himachal Pradesh to have the matter examined, in accordance with law, for taking appropriate action, if any, so required and desired. It be only reiterated that such action be taken in conformity with the directions issued by the apex Court in State of Gujarat v. Kishanbhai and others, (2014) 5 SCC 108 . Needful be positively done within a period of four weeks. Liberty granted to seek extension of time if so required. Action taken report be placed before the Court on or before the next date of hearing.