STATE OF TRIPURA Vs. BISHNU NAMA

JUDGEMENT

(1.) Heard Mr. Raju Datta, learned Public Prosecutor, appearing for the appellant-State of Tripura. Also heard Mr. Ratan Datta, learned Legal Aid Counsel appearing for the respondent.

(2.) The appellant-State, by means of filing the present appeal has challenged the judgment and order dtd. 1/6/2024 passed by the learned Special Judge (NDPS), Sepahijala Tripura, Sonamura, in connection with case No. Special (NDPS) 12 of 2024, whereby the respondent has been acquitted from the charge under Ss. 20(b)(ii)(C)/25 of the NDPS Act.

(3.) Facts leading to the present appeal are that, on the basis of a suo moto written complaint, on 14/8/2023, huge quantity of contraband articles were recovered from the possession of the accused-respondent. A specific case was registered against the accused-respondent. After completion of investigation, charge sheet was submitted against the accused respondent under Ss. 20(b)(ii)(C), 25 of the NDPS Act. Thereafter, learned Special Judge (NDPS), Sonamura, took cognizance of the offence against the accused-respondent and after supplying the prosecution papers, also framed charge against the accused-respondent to which the accused-respondent pleaded not guilty and claimed to be tried. Accordingly, trial commenced. During trial, prosecution examined only one witness out of nine cited witnesses and exhibited a document. Subsequently, examination of the prosecution witnesses was closed and the accused respondent was examined under Sec. 313 Cr.P.C. wherein he denied all the incriminating materials brought against him and thereby the learned trial Court by the impugned order acquitted the accused respondent from the charge leveled against him on the ground that the entire prosecution case is based on no evidence. Being aggrieved, the appellant has filed the present appeal challenging the impugned judgment and order of acquittal.