ABDUL SALAM Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record.

(2.) AS per prosecution story 16.500 Kg. Charas was recovered from the Bulero Car which was in the possession of the accused persons including the applicant.

(3.) HE further submits that the prosecution story is not supported by any independent witness. It is further submitted that neither the alleged vehicle belongs to the applicant nor the said contraband was recovered from the possession of the applicant. He further submitted that since the prosecution could not prove the applicant's ownership and possession of the alleged vehicle as well as the contraband in question, the applicant can not be held guilty for the alleged offence. He further submits that the case of the applicant is distinguishable from the case of other co accused Suresh Srivastava and Tauhid He further submits that the applicant is not involved in any other case of N.D.P.S. Act and he is in Jail since 20.3.2011.