STATE OF JAMMU AND KASHMIR Vs. GURJINDER SINGH

JUDGEMENT

(1.) The appellant-State has preferred appeal against judgment dated 19.04.2019, passed by the learned Principal Sessions Judge, Kathua whereby the respondent has been acquitted of the charges framed under Sections 8/21/22 NDPS Act on the ground that the same is against law and facts of the case; that there is sufficient material on record to convict the respondent; that the prosecution established the case against the respondent through oral as well as the documentary evidence and that the trial court has ignored important piece of evidence.

(2.) The case set up by the prosecution against the accused was that on 20.01.2016 the naka was laid by DySP (P) Mohd. Adrees Wani near Maggar Khad on National Highway and was accompanied by other police officials. At about 6.15 PM a Car No. JK02BF-2624, driven by the accused was stopped at the naka point during the course of checking of the vehicles and on the personal search of the accused, one white colour polythene envelope containing 9.05 gms of heroine was recovered from the pant of the accused. The written docket from the DySP resulted into registration of FIR No. 27/2016 with Police Station, Kathua under Sections 8/21/22 NDPS Act against the accused. On the completion of the investigation, the challan was produced against the accused for the aforesaid offences. The accused was charged for the commission of offence under Sections 8/21/22 NDPS Act. As the accused did not plead guilty to the charges framed against him, the prosecution was directed to produce evidence in support of its case.

(3.) The statement of the accused was also recorded under Section 342 Cr.P.C. on the closure of prosecution evidence. The accused did not choose to produce any evidence in defense.