(1.) This appeal has been directed against judgment dtd. 5/3/2011, propounded by learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as 'trial court') in file No. 12/Sessions titled 'State of J&K Vs. Ashok Kumar and Anr', vide FIR No. 177/2000 of Police Station Bahu Fort, Jammu for offences under Ss. 21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short), vide which, respondent has been acquitted.
(2.) The case set up by the prosecution in brief, is that on 5/6/2000 at about 7 P.M, a joint Naka of Police Station, Bahu Fort led by S.P, and NCB was laid at Panama Chowk. A Scooter, without registration number, on its way from Vikram Chowk to Railway Station was intercepted.
(3.) Respondent-Ashok Kumar was charge-sheeted by the trial court on 10/3/2001 for the aforesaid offences, whereby he pleaded innocence and claimed trial, therefore prosecution was directed to produce the evidence.