STATE Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an application by the State (Now Union Territory of Jammu and Kashmir) seeking condonation of delay of 311 days in filing the application seeking leave to appeal to assail the judgment of acquittal dtd. 17/12/2014 passed by the learned Additional Sessions Judge, Jammu ["trial Court]" in case titled 'State vs. Joginder Singh and Anr, whereby the trial Court has acquitted the respondents-accused from the charge of offences under Ss. 8/21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"], in FIR No.133/2009 of Police Station, Gangyal.

(2.) Before we advert to the explanation tendered by the applicant/appellant for inordinate delay in filing the leave application, it would be appropriate to refer to the merits of the appeal, proposed to be filed by the applicant against the judgment of acquittal.

(3.) The case of the prosecution as was put up before the trial Court is that on 26/10/2009, at about 4 pm, a Naka party of Police Station, Gangyal intercepted the respondents/accused at Kunjwani. On their search, 1600 capsules of "Parvon Spas? were recovered from the possession of respondent Joginder Singh, whereas 3500 capsules of "Parvon Spas? were recovered from the possession of respondent Yash Pal. PW Inspector Sunil Singh Jasrotia, SHO Police Station, Gangyal, who was present on spot, prepared a docket in this regard and sent it to the said Police Station for registration of FIR. Accordingly, FIR No. 133/2009 for offences under Ss. 8/21 NDPS Act was registered in the Police Station, Gangyal and the investigation was entrusted to PW Rattan Singh, S.I (I.O). The I.O went on spot and after spot inspection, prepared the site plan, seized and sealed the recovered capsules after taking out samples. The parcels of samples were got resealed by the Executive Magistrate and sent to FSL, Jammu for chemical analysis. Statements of witnesses were recorded. Upon conclusion of the investigation, the charge-sheet was laid before the Court of learned Principal Sessions Judge, Jammu on 17/12/2009 who transferred the same to the trial Court for disposal under law. The respondents/accused were charged for offence under Sec. 8/21 NDPS Act by the trial Court vide its order dtd. 24/4/2010. The charge was read over and explained to them to which the respondents/accused did not plead guilty and claimed to be tried.