STATE Vs. SEWA RAM

JUDGEMENT

(1.) This appeal is directed against judgment dated 29.06.2013 rendered by learned Special Judge (Sessions Judge) Kathua in file No. 39 Special Challan titled State Vs. Sewa Ram alias Surti Kumar by virtue whereof the respondent has been acquitted of offences under Sec. 8/21 NDPS Act. The impugned judgment has been assailed on the ground that the trial Court has mis-appreciated the law and evidence on record and has not appreciated the statements of prosecution witnesses in their totality resulting in failure of justice.

(2.) Allegedly on 02.11.2007 at about 2.00 PM, a police patrol party of police station Lakhanpur noticed the respondent at Nai Basti Lakhanpur holding a black polythene bag in his hand. Since the respondent tried to run away, he was chased and apprehended. Search of the polythene bag yielded 2000 capsules marked 'PARAVON SPAS'. Same were seized. Case under FIR No. 63/2007 came to be registered at Police Station Lakhanpur on the basis of a written docket forwarded by Pritam Singh Head Constable. Investigation was embarked upon. A Sample of 20 capsules out of seized contraband was taken out and sealed for chemical analysis at FSL. The seal was kept on Supurdnama of Constable Jitender Singh. Investigation culminated in filing of charge-sheet under Sec. 8/21 NDPS Act against the respondent who pleaded not guilty to charge under Sec. 8/21 NDPS Act and claimed to be tried. Prosecution adduced evidence at the trial, on consideration whereof the trial Court acquitted the respondent on the ground that the prosecution had failed to connect the respondent with the crime he had been charged with. Aggrieved of such acquittal of respondent, the State has filed the instant appeal assailing the impugned judgment as aforesaid.

(3.) Heard. Also perused record of trial Court.