STATE Vs. VICKY

JUDGEMENT

(1.) Crl. M.A. No. 4197/2017

(2.) The State has filed the above captioned petition seeking leave to appeal against the judgment dated 21.07.2016 passed by the learned Additional Sessions Judge, Special Judge, NDPS in Sessions Case No. 180/2014, arising from FIR No. 57/2014 registered with the Crime Branch alleging an offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter 'NDPS Act'). By the impugned judgment, the respondent was acquitted of the offence under Section 21 of the NDPS Act.

(3.) It is the prosecution's case that on 17.05.2014, at about 4.20 p.m., the accused was accosted and was found to be in possession of 450 grams of Heroin. It is stated that the Narcotic Branch had received a secret information at about 2.00 p.m. on the same day that the accused would come near Badli Bus Stand to supply heroin to another person. In a swift action, a raiding party was constituted by the Narcotic Cell and it approached the site. It is stated that the informant had accompanied the raiding party and had identified the respondent from a distance of about 20 metres. The raiding party had then approached the respondent. It is alleged that on the search being conducted on the person of the respondent, a transparent polythene tied with a rubber band containing brown colour substance was recovered from the right side dub of his pant. The prosecution states that the substance was checked through field testing kit and the same was found to be Heroin. The respondent was arrested and after completion of the investigation, a charge sheet was filed.