BASHIR AHMAD ZAROO Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal is directed against the judgment of Principal Sessions Judge (Special Judge for offence punishable under section Narcotic Drugs and Psychotropic Substances Act), Srinagar dated 19.04.2012 rendered in case FIR No. 120/2001 registered at Police Station Ram Munshi Bagh under sections 8/20 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'NDPS Act') whereby the convict-appellant Bashir Ahmed Zaroo son of Abdul Ahad Zaroo resident of Sonwar Srinagar, aged 65 years (hereinafter to be referred to as 'accused') stands convicted for the aforementioned charges and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lac, in default thereof, to undergo further imprisonment for two years.

(2.) It would be pertinent to mention here that one Ama Ganie son of Qadir Ganie resident of Lidder Meien Sangam, the co-accused of the accused from whom the recovery of the contraband (1kg & 75 gms of charas) was allegedly effected as he was carrying the same in a bag, died during the trial which fact also stands reflected in the interim order dated 28.02.2007 available on trial Court record, reference thereof also made in para No. 4 of the impugned judgment.

(3.) The facts relevant to the case at hand are as under: