STATE OF J&K Vs. MOHD. NASEER

JUDGEMENT

(1.) This criminal acquittal appeal arises out of the judgment dtd. 16/2/2012 passed by the court of Principal Sessions Judge, Rajouri (hereinafter to be referred as the trial court) in file No. 21/Sessions, titled, State vs. Mohd. Naseer and others, arising out of FIR No. 357/2010 of Police Station, Rajouri, whereby the respondents have been acquitted of the charges for commission of offence under Sec. 8, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act).

(2.) The judgment has been assailed on the ground that the learned trial court has failed to appreciate the prosecution evidence in its true and correct perspective and the conclusion drawn by the learned trial court is against the weight of the evidence brought on record by the prosecution.

(3.) Mr. R. S. Jamwal, learned AAG appearing for the appellant vehemently argued that the prosecution had proved the recovery of contraband from the respondents by leading cogent evidence and the opinion of the expert also substantiated that the recovered material is narcotics substance, therefore, the judgment impugned is not sustainable in the eyes of law.