STATE OF J&K Vs. BASHIR AHMED

JUDGEMENT

(1.) By virtue of this acquittal appeal, challenge is thrown to the judgment dtd. 29/1/2013 passed by learned Sessions Judge, Ramban [the trial Court], whereby the respondent-accused was acquitted of the charges under Sec. 8/20 NDPS Act.

(2.) The precise factual matrix of the prosecution case that is relevant for the adjudication of the instant appeal is that on 1/8/2009, an information was received at Police Station, Ramban that accused, Bashir Ahmed, a follower in police department will smuggle Cannabis and he will be travelling from Banihal towards Batote on a Motorcycle bearing registration No. JK02Q-1944 (Passion). This information led to the registration of a formal case being FIR No. 120/2009 under Sec. 8/20 NDPS Act and, accordingly, investigation was entrusted to PW-9, S.I Wasim Raja, who said to have laid Naka on NHW1-A, near New Muslim Hotel, Ramban and during Naka checking, the police party intercepted the accused, Bashir Ahmed and when he was given the option, the accused chose to be searched in the presence of the Dy. S.P (PW-1). During search, one pink coloured polythene bag containing Cannabis wrapped in maize husk, 1 kg 200 gms with the wraps and without wraps, found to be 1 kg 100 gms, alleged to have been recovered.

(3.) Accordingly, all the codal formalities were completed including seizure and sampling was got done in the presence of PW-1, Mushtaq Ahmed Sheikh (Dy.S.P).