STATE Vs. MOHD AMIN

JUDGEMENT

(1.) The erstwhile State of Jammu and Kashmir (Now UT of Jammu and Kashmir) is aggrieved by the judgment of acquittal dtd. 26/12/2013 recorded by the Principal Sessions Judge, Jammu ["the trial Court"] whereby the respondents have been acquitted of the charges under Ss. 8/20/60 of Narcotic Drugs and Psychotropic Substances Act 1985, ["NDPS Act"], and has prayed for leave to appeal.

(2.) With a view to find out as to whether there is any merit in the appeal proposed to be filed against the judgment of acquittal, it is necessary to scan through the judgment of acquittal and examine the reasoning given by the trial Court in support of its judgment.

(3.) The prosecution story as was put up before the trial Court is that on 28/10/2011, a policy party of Police Station, Nagrota was on patrol duty at Ban Talab, Nagrota. During the course of checking of vehicles at about 5:00 pm, they stopped a vehicle Xylo bearing Registration No. JK03C-4188 which was coming from Srinagar. Two passengers along with a driver were travelling in the said vehicle. The driver disclosed his name as Mohd Amin, whereas the two passengers sitting in the vehicles disclosed their names as Ashok Kumar and Deepak Kumar. The vehicle was searched and on search, charas like substance wrapped in a plastic bag was recovered. None of them could account for the possession and, accordingly, a docket was sent to the police Station through constable Murad Ali, whereupon FIR No. 257/2011 for the commission of offences under Ss. 8/20/60 NDPS Act was registered against the respondents and the investigation was set in motion. During the course of investigation, the police seized the vehicle. The charas recovered was weighed and it was found that Ashok Kumar and Deepak Kumar were carrying 4 kgs and 2 kgs of charas respectively, whereas the driver Mohd Amin was carrying charas weighing 4 kgs and 500 gms which they had concealed in the Dickey of the vehicle. The sample of 100 gms each was taken and sent for chemical examination. Upon receipt of report of the chemical examiner that the seized item was charas, the investigation was completed and the final report submitted in the competent Court of jurisdiction.