MUSHTAQ AHMAD BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner on the strength of averments made in the petition seeks following relief:

(2.) Heard and considered.

(3.) Perusal of record reveals that police station Achabal on recovery of substance suspected to be narcotic from petitioner, registered case FIR No. 40/2008 under Section 22 NDPS Act against petitioner. The investigation culminated in charge-sheet presented against petitioner before learned Additional Sessions Judge, Anantnag. The Trial Court dismissed charge sheet on 29.04.2009 and acquitted petitioner of all charges. The charge against petitioner failed primarily because FSL expert expressed his inability to identify the alkaloids found in the sample taken from the substance allegedly seized from petitioner. In effect there was no evidence before the Trial Court to conclude that what had been recovered from petitioner was brown sugar or any other such substance.