STATE OF J & K Vs. MOHD. SHABIR

JUDGEMENT

(1.) This appeal by the State is directed against the judgment of acquittal dtd. 28/2/2017 passed by the learned Sessions Judge, Rajouri ("the Trial Court") in case FIR No. 39/2011 titled State v. Mohd. Shabir. The respondent, as it appears from the judgment, was tried for offence under Sec. 8/20 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

(2.) As per the prosecution story, on 25/4/2011, one Jahangir Ahmed Sub- Inspector Police Station, Darhal along with other police personnel was on patrol duty in Darhal town. When the patrolling party reached at tempo stand Darhal at about 04:30 pm, they saw the respondent carrying a blue coloured polythene bag in his hand and on seeing the police party, made an effort to run away. He was chased and stopped and the polythene bag he was carrying was checked. During the course of checking, the Charas like looking substance was found wrapped in the maize shells. Accordingly, the seizure memo was prepared on the spot and the respondent was arrested. On the basis of the docket sent to the Police Station through Constable Abdul Majid, case FIR No. 39/2011 under Sec. 8/20 NDPS Act was registered and investigation was entrusted to ASI Munshi Khan. The Investigating Officer, as is claimed, visited the spot, prepared site plan and also prepared seizure memo Ext P-1/1 of the charas weighing 160 gms. Statements of the prosecution witnesses under Sec. 161-Cr.P.C. were recorded. 30 gms out of the seized charas was sent to FSL Jammu for chemical examination. On completion of the investigation, challan against the respondent for commission of offence under Sec. 8/20 NDPS Act was presented before the competent Court of Law for judicial determination.

(3.) With a view to prove its case, the prosecution examined PW-Mohd Riaz, PW-Jahangir Ahmed S.I, PW-Mohd Javed SPO, PW-Pawan Abrol Scientific Officer, PW-Mohd Abass SPO, PW-Mohd Younis SPO, PW-Mohd Khalil, PW- Gulshan Farid SPO, PW-Abdul Majid Const., PW-Khadim Hussain ASI and PW-Munshi Khan ASI as prosecution witnesses. The respondent, however, chose not to lead any evidence in defence.