STATE OF J&K Vs. VISHAL SHARMA

JUDGEMENT

(1.) Questioning the judgment dated 4th February, 2012, hereinafter for short as impugned judgment, by virtue of which the respondents have been acquitted of the charges levelled against them in case titled State v. Pushpinder Singh and another, bearing FIR No. 52/2002, for the commission of offences punishable under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, for short as NDPS Act and 4/25 of Arms Act, this criminal acquittal appeal seeks conviction of the accused after setting the impugned judgment aside.

(2.) On 6th September, 2002 at about 6.30 pm, police party of police Station Lakhanpur, stopped a motorcycle bearing registration No. JK02G 7095. One Pushpinder was the driver while as respondent Vishal Sharma was its pillion rider. Both of them were put to search and upon which a dagger which has a six inches long blade than a normal knife, known in local dialect as 'khokhari' was recovered from the driver/pushpinder and 5000 capsules of Parvanspas and a butcher knife Toka' in local dialect, were recovered from respondent. Seizure was affected. Accused were taken into custody and FIR was lodged against them being FIR No. 52/2002 for the commission of offences punishable under sections 5/ 6/13 of Drug Control Act, Section 27 of Drugs & Cosmetic Act and 4/25 of Arms Act.

(3.) Upon registering the case, police investigated the matter, which resulted in filing of a final report in terms of Section 173 of the Code of Criminal Procedure, for short as Cr.P.C., before the court of learned Judicial Magistrate 1st Class, (Munsiff) Kathua, who after charging the accused committed the case, being a sessions trial case, to the trial court viz. Court of Sessions Judge, Kathua. The case was committed to the trial court in presence of respondent only as Pushpinder had died on 11th October, 2004. After committal, respondent was formally charged for the commission of offences punishable under section 8/21 of NDPS Act read with section 4/25 of Arms Act. Accused/respondent denied the charge and instead sought a trial.