STATE OF JAMMU AND KASHMIR Vs. NAND LAL

JUDGEMENT

(1.) The application for leave to appeal is filed against the judgment dated 27.04.2019 passed by the learned Principal Sessions Judge, Kathua in case No. 59/2015 Spl. Challan as the respondent has been acquitted in the case.

(2.) On a written docket, EXTP-1, scribed by PW-1 S.I Kulwant Singh, F.I.R No. 90/2015 came to be registered with police station, Kathua for offence under Sections 8/21/22 NDPS Act. S.I Kulwant Singh, I/C PP Basantpur along with other police personnel was on a patrol duty in Dhanore area and at about 10.30 a.m, when the patrol party reached near K.V school, the accused was spotted riding on a cycle coming from Lakhanpur side and who tried to conceal himself from the police party. The accused was carrying a bag on shoulder at that time and Coram: ::: : tried to conceal himself whereupon a suspicion arose against the accused. The accused was taken into custody and on the checking of the bag he was found in possession of 95 tablets of Rescalm, 35 tablets of Biozalan plus, 100 tablets of Bolodole plus, 20 tablets of Mizokam- DT20, 35 tablets of Ultrasemiset and 80 tablets of Mobicam, DT, which were wrapped in strips and the accused could not give any satisfactory explanation with regard to the said tablets. The strips were seized vide memo EXTP-1/1. The investigation was carried out on the registration of the case by Inspector Ritesh Sambyal, then SHO Police Station, Lakhanpur.

(3.) On the completion of the investigation, the challan was produced against the accused under Sections 8/21/22 NDPS and the charges were also framed for the offences under Sections 8/21 NDPS Act. The accused pleaded not guilty to the charges and claimed trial. The prosecution has examined 08 witnesses in support of its case. On closure of the prosecution evidence, the statement of the accused under Section 342 Cr.PC was recorded and the accused denied the prosecution evidence. The accused claimed to run a chemist shop under the name and style of Ms. Beer Medicates at village Dhanore and that the licence of the shop was taken by him in the year, 2006. The documentary record was placed on file by the accused. However, he did not chose to produce any witness in defence.