STATE OF JAMMU AND KASHMIR Vs. MOHINDER SINGH

JUDGEMENT

(1.) Instant appeal is directed against the judgment of acquittal dated 30.04.2011 passed by the learned Special Judge (Additional Sessions Judge), Jammu (hereinafter referred to as the 'trial Court') in the case titled 'State vs Mohinder Singh and anr' arising out of FIR No.101/2003 of Police Station, Gandhi Nagar, Jammu for offence under Section 15 of NDPS Act.

(2.) Briefly stated, the case of prosecution is that on 03.04.2003, the police of Police Post, Nehru Market, Jammu received a source information that the respondents/accused are trading in poppy straw at Bus Stand, Nehru Market, Jammu and that they are in possession of poppy straw. The report was entered into the concerned register and a docket was sent to the Police Station, Gandhi Nagar, Jammu for registration of a case. Accordingly, the aforesaid FIR came to be registered.

(3.) The Investigating Officer Harminder Singh along with ASI Chaman Lal and other police officials proceeded to spot and they apprehended the respondents/accused. They were served with a notice in terms of Section 50 of NDPS Act seeking an option from them with regard to their search. The respondents/accused opted to get themselves searched in presence of a Dy.SP, who arrived on spot and both the respondents/accused were subjected to search in his presence. Upon personal search of respondent/accused Mohinder Singh, 500 gms of poppy straw and upon personal search of respondent/accused Raj Singh, 400 gms of poppy straw was recovered. The representative samples of the recovered contraband were sealed and seized. The same were sent to FSL, Jammu for analysis. Upon completion of the investigation, offence under Section 15 NDPS Act was found established against the respondents/accused. Chargesheet was, accordingly, filed before the learned trial Court.