STATE OF J&K Vs. TARSEM RAJ

JUDGEMENT

(1.) By way of this condonation application, the appellant is seeking to condone the delay of 113 days in filing the above titled Criminal Acquittal Appeal against the judgment dtd. 20/4/2016 delivered by the learned 1st Additional Sessions Court, Jammu (Special Court Under NDPS Act), whereby the prosecution case against the accused No. 1 Balwant Raj and the accused No. 3 Paramjeet Singh, due to their death during trial was abated and the accused Nos. 2 Tarsem Raj and 4 Uttam Singh were acquitted of the charge. Along with the application for condonation of delay, the appellant has also filed SLA No. 133/2016 seeking leave of the Court to file the appeal.

(2.) Prosecution case in brief as emerging out from the perusal of the record is that on 17/10/1995, SDPO Gandhi Nagar, Jammu sent a written dispatch from Peer Baba Bahu Rakh to the Police Station that on an information received on wireless from the In-charge Naka Party, HC Dharam Chand of Police Post Bagh-a-Bahu, who was deployed there along with constables Dwarka Dass and Tarsem Raj that one Balwant Raj alias Balwanta S/o Angrezoo Saryara R/o Kacha Talab Bahu Fort Jammu, had been apprehended, from whose possession two packets of opium had been recovered. He seized those packets and samples were drawn and sealed. Balwant Raj disclosed that he had purchased those opium packets from Tarsem Raj S/o Des Raj R/o Manda Jammu and Paramjeet Singh S/o Maan Singh R/o Gurha Bakshi Nagar, who had come to Bawa Basti Bahu Fort for the sale of the opium which was under their possession and punishable under Sec. 20 and 27 of NDPS Act were found to have been committed. The dispatch was sent for registration of the case and the investigation was assigned to SI Kamaljeet Singh. On receipt of this dispatch, a case was registered at P/S Bahu Fort Jammu vide FIR NO: 253/1995 for the commission of offences punishable under Sec. 20/27 of NDPS Act.

(3.) Before dealing with the application for condonation of delay, we deem it appropriate to examine the judgment delivered by the learned 1st Additional Sessions Court, Jammu (Special Court Under NDPS Act) 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.