UT OF J & K Vs. FARMAN ALI

JUDGEMENT

(1.) Delay condoned and leave to file appeal granted vide Order dtd. 11/10/2022.

(2.) Impugned in the instant appeal filed by the Union Territory of Jammu and Kashmir is the judgment of acquittal dated 8th October, 20015, passed by the court of learned Additional Sessions Judge, Kathua, [hereinafter referred to as the "trial court" for short] while culminating trial on a criminal case bearing FIR No. 413/2013 of P/S Kathua, and titled as State vs. Farman Ali and Anr bearing File No. 31/Session instituted on 4/1/2014.

(3.) The impugned judgment has been assailed by the appellant-Union Territory of J&K on the main grounds that case FIR No. 413/2013 came to be registered with the Police Station, Kathua, pursuant to the recovery of 10,000 capsules of SPM-PRX from the respondents/accused [6000 capsules from R-1 and 4000 capsules from R-2] on 5/11/2013 at 5:30 P.M., when they came to be apprehended by a Police Patrolling Party of Police Post Industrial Estate, Kathua, who failed to account for the possession of the same. That the seizure and sampling of the recovered contraband substance was done as per the procedure and the statements of the witnesses also came to be recorded. That the commission of offences punishable under Ss. 8/21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985[hereinafter referred to as "the NDPS Act" for short] came to be established against the respondents during the investigation which led to the presentation of the final report/challan before the learned trial court. That the witnesses examined by prosecution at the trial proved the recovery and seizure of the contraband substance against the respondents, but the learned trial court did not appreciate and weigh the prosecution evidence in the right perspective. That the learned trial court has given weightage to some minor contradictions and has brushed aside the evidence adduced at the trial by the prosecution. That the learned trial court has mis-appreciated the law with respect to routine search and applicability of Ss. 42 and 50 of the NDPS Act and the evidence on record. That there is enough evidence on record which warrants conviction and sentence of respondents/accused for commission of the offences under Sec. 8/21/22 of the NDPS Act.