STATE OF J&K Vs. PRIKSHIT SINGH

JUDGEMENT

(1.) CONCR No. 88/2016 Present application has been filed for condonation of 147 days' delay for filing the application seeking leave in filing an appeal against the judgment dated 31.12.2015. For the reasons stated in the application, the same is allowed. Delay condoned. Application stands disposed of. SLA is taken on board. SLA No. 96/2016 The present application has been filed seeking leave to prefer an appeal against the judgment dated 31.12.2015 by virtue of which the respondents have been acquitted of the charges for commission of offences under sections 8, 21 and 22 of the Narcotics Drugs Psychotropic Substances Act, 1985 (for short the NDPS Act).

(2.) Briefly stated, on 31.07.2010, ASI Shyam Singh along with H. C Dalbir Singh, Constable Neelam Kumar, Constable, Rughubir Singh, SPO Raj Kumar and SPO Rajinder Kishore Singh were on patrolling duty at Badhwani National Highway and during checking of the vehicle at 3.30 PM, three unknown persons came down from an unknown vehicle and on seeing the police, they started running. On suspicion ASI Shyam Singh along with other policemen apprehended them and on enquiry, they disclosed their names as Parikshit Singh, Amarjeet Singh and Vickey Kumar, respondent Nos. 1, 2 and 3 herein respectively. On search of all the accused, seven packets were found in the polythene packets containing 100-100 capsules in each packet and total 700 capsules of Paryaml Spas were found from respondent No. 1, three packets were recovered from the pocket of pant of respondent No. 2 containing 100-100 capsules each, totaling 300 capsules and from the search of respondent No. 3, 10 stripes of Intoxicated capsules Parvan Spas totalling 100 capsules were recovered. As the respondents could not furnish any permission for possession of the capsules, they were taken into custody and a docket was written and sent through Constable Neelam Kumar to Police Station, Samba. FIR No. 165/2020 for commission of offences under sections 8, 21 and 22 of the NDPS Act was registered against the respondents herein and the investigation was entrusted to Sub Inspector, Anil Sharma. After completion of the investigation, challan was produced in the trial court. Charges were framed on 05.08.2011. Prosecution out of 10 listed witnesses in the challan has examined seven witnesses, namely, PW- 1 Shyam Singh, HC PW-2 Dalbir Singh, PW-3 Sgct Kishore Singh, PW-4 Ct. Raghbir Singh, PW-5, Constable Neelam Kumar; PW-6 HC Tara Chand and PW-7 Sat Paul (Executive Magistrate 1st Class). Three witnesses, namely, PW-8, Director FSL, PW-9 PSI Anil Sharma (I.O.) and PW-10 Inspector Gian Chand Sharma were not examined by the prosecution-applicant.

(3.) Brief and relevant resume of the prosecution witnesses is as under: