STATE OF JAMMU AND KASHMIR Vs. GOURAV RABOTRA

JUDGEMENT

(1.) State of Jammu and Kashmir (now Union Territory of Jammu and Kashmir) is in appeal against order and judgment of acquittal dtd. 2/7/2011 recorded by the learned Principal Sessions Judge, Kathua ["the trial court"] in file No. 10/Challan titled 'State v. Gourav Rabotra.'

(2.) Before we advert to the grounds of challenge, reference to prosecution story would be appropriate.

(3.) On 18/4/2007, the police of Police Station, Basholi while being on regular petrol duty, put up a naka and intercepted a motorcycle "Yamaha Black" which was being driven by the respondent. On an enquiry, the respondent disclosed his name as Gourav Rabotra. The respondent was searched and on his search, one black bag containing 2000 capsules of Parvan Spas was recovered from his possession. The capsules were immediately seized and an FIR No. 25/2007 under Sec. 8/21/22 of the NDPS Act was registered. The investigation was taken up which ultimately culminated into presentation of Final Report against the respondent. The trial court, after hearing the prosecution and the respondent, framed charges under Sec. 8/21/22 of the NDPS Act. The respondent denied the charges and claimed to be tried.