MUSHTAQ AHMAD MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER (accused) is facing trial before the trial Court of 3rd Additional Sessions Judge (Special Judge), Jammu for commission of offences punishable under Sections 8/20, 21, 23 and 28, NDPS Act.

(2.) ALLEGEDLY on 17-3-2010, car bearing registration No. HR-26M-4527 was intercepted, on search in presence of Gazetted Officer 1.8 Kg. hashish/charas was recovered. Both petitioner and the co-accused Feroz Ahmad Shah were taken into custody. The recovered material was divided into two lots, lot A contained 40 pieces of sample marked 1 to 40 and lot B contained 8 pieces of sample marked 41 to 48. Same were send for analysis initially to Jammu and Kashmir Forensic Science Laboratory, Jammu. On examination the said laboratory on 26-4-2010 has submitted the report. The result of the examination was recorded as under :-

(3.) IN the Table appended to the NDPS Act, the charas, Hashish appears at serial No. 23 wherein small quantity is shown as 100 gms. and commercial quantity as 1 kg. IN terms of the FSL opinion, the quantity recovered is less than small quantity and in terms of the CRCL Laboratory, the quantity will be slightly more than small quantity but in any case not the commercial quantity.