STATE OF JAMMU AND KASHMIR Vs. MOHINDER SINGH

JUDGEMENT

(1.) By way of instant condonation of delay application, the applicant- appellant (State) seeks to condone the delay of 165 days in filing the above titled Criminal Acquittal Appeal against the acquittal of the accused in terms of judgment dated 08.12.2016 delivered by the learned First Additional Sessions Court, Jammu (Special Court Under NDPS Act), whereby the respondent herein has been acquitted of the charge framed against him for the commission of offence punishable under Section 15 of NDPS Act. Along with the application to condone the delay, the applicant-State has also filed Special Leave to Appeal bearing SLA No.84/2017 seeking leave of this Court to file the accompanied criminal acquittal appeal.

(2.) Before dealing with the application for condonation of delay, we deem it appropriate to examine the judgment delivered by the learned First Additional Sessions Court, Jammu, to find out as to whether or not any interference is warranted therewith so that injustice may not occasion merely because of lapse on the part of the appellant-State in filing of appeal within the prescribed period of limitation. We note that we are finding in case after case appeals being filed in routine without examination as to whether there is legal merit in them or not. This Court is being burdened with appeals completely devoid of legal merit.

(3.) The case of the prosecution is that on 11.11.2010, a police party at Digiana Pulli, Jammu, comprising of ASI Surjit Singh (PW-1), Sgct Udheyvir Singh (PW-5), SPO Narinder Kumar (PW-6), while checking a car bearing registration No.JK02AK-1807 driven by its driver, namely, Mohinder Singh, respondent herein, recovered 11 kg of poppy straw from the car under possession of the aforesaid driver and accordingly, FIR No. 245/2010 was registered at Police Station Gandhi Nagar, Jammu for the commission of offence punishable under Section 15 of NDPS Act. The accused-respondent herein refuted the charge and as such was tried.