STATE OF J&K Vs. RIAZ AHMED

JUDGEMENT

(1.) By way of this condonation application, the appellant is seeking to condone the delay of 325 days in filing the above titled Criminal Acquittal Appeal against the judgment dated 28.11.2015 delivered by the learned Principal Sessions Judge, Rajouri, whereby the accused, namely, Riaz Ahmed was acquitted of the charge. Along with the application for condonation of delay, the appellant has also filed SLA No. 43/2017 seeking leave of the Court to file the appeal.

(2.) Prosecution case in brief as emerging out from the perusal of the impugned judgment is that on 15.10.2011 Ayaz Sheikh Dy. S.P. Operation Rajouri along with other police personnel while on naka duty at Manyal Gali apprehended a person in the vehicle Tata Sumo bearing registration No. JK03-7991, who tried to flee from the spot on seeing the police party. During the course of search of the vehicle, a green colour polythene bag was recovered beneath the seat of the driver and on opening the same, 'charas' was found in the said bag. On weighing, the contraband (charas) was found to be 800 gms. Accordingly, a case under Section 8/20 NDPS Act was registered, the investigation was entrusted to Raj Kumar Dy.S.P. Thanamandi and after thorough investigation the challan was presented and the charges were framed against the accused, however, the accused denied the charges and claimed to be tried. Accordingly, the prosecution was directed to lead evidence and had produced eight witnesses to support the charges.

(3.) Before dealing with the application for condonation of delay, we deem it appropriate to examine the judgment delivered by the learned Principal Sessions Judge, Rajouri 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 the appeal within the prescribed period of limitation.