STATE Vs. ASHOK KUMAR

JUDGEMENT

(1.) Since objections have not been filed by respondent and the appellant has carved out good grounds for grant of leave and condonation of 104 days delay, the motions are allowed. The appeal, to be registered and numbered, is taken on Board with the consent of learned counsel for the parties. Acquittal Appeal

(2.) Heard learned Dy. AG for the appellant and Mr. Raghu Mehta for the respondent.

(3.) Respondent was tried before learned Sessions Judge Kathua for charge under Sec. 8/21, NDPS Act. Briefly put, the prosecution case against the respondent was that on 26-7-2005 at about 5.30 p.m. respondent, on noticing a police patrol party at Salper Morh Nagri Kathua, tried to escape. After a chase he was apprehended. Respondent was found carrying a polythene bag in his hand, which on opening yielded 360 capsules of 'PROXY-VON'. Case under FIR No. 194/2005 for offence under Sec. 8/20/21, NDPS Act was registered against him at Police Station Kathua. Police embarked upon an investigation. The consignment of capsules was seized and a sample of 10 capsules was taken out of the seized drugs for chemical analysis. The investigation culminated in filing of charge-sheet against the respondent under Sec. 8/21, NDPS Act. Based on the material collected during investigation, charges were framed against the respondent for offence under Sec. 8/21 NDPS Act to which he pleaded not guilty and claimed to be tried. The trial ended in acquittal of respondent as aforesaid.