STATE OF J&K Vs. GOKUL AND ORS

JUDGEMENT

(1.) The State is in appeal against the order of acquittal dated 2.11.2012 recorded by the 3rd Additional Sessions Judge, Jammu (hereinafter referred to as the trial court) in File No. 01/TADA instituted on 15.4.2010 under the title ' State v. Gokul and another' whereby the accused/respondents have been acquitted of the charges under Sections 8/20 of the NDPS Act, 1985.

(2.) The prosecution story as set up in the challan is that on 01.2.2010, the police of police post, Chatha under the supervision of Sub Inspector Darshan Singh, laid a 'naka' near Nikki Tawi Barjala at Nikki Tawi. At about 0515 hours, the police party at the 'naka' noticed that accused persons who were coming from Raipur - Satwari and proceeding towards Phallian Mandal were running away on seeing the police officials. The police party present at the ' naka' chased them and after some distance nabbed them and took them in police custody. From the possession of respondent No. 1 Gokul, a bag in which there were two plastic packets containing maize husks having charas in them was recovered; whereas from respondent No. 2 one plastic bag containing charas in the shape of cannabis leaves was found. The recovered contraband was weighed on the spot and it was found that the plastic bags recovered from respondent No. 1 weighed 2 kg 500 grams and 2 kg 250 grams respectively, whereas weight of plastic bag recovered from the possession of respondent No. 2 was found out to be 1 kg 100 grams. The total charas weight weighing 5 kg 750 grams was claimed to be recovered by the police from the possession of both the respondents.

(3.) It is stated by the prosecution that samples from the seized material weighing 50 grams each was drawn from each packet separately and were sealed on the spot and the rest of the contraband was also separately seized. The respondents were found to have committed an offence under sections 8/20 of the NDPS Act. As such, a docket was sent to Police Station, Satwari in response to which PW-7 Riaz Iqbal, the then Dy SP, Police Station, Satwari after registration of the case, proceeded to the spot alongwith other police officials and formally seized the charas recovered from the possession of the respondents. Seizure memos and site plan were prepared on the spot and the statement of witnesses were recorded under section 161 Cr PC. The samples of the contraband were sent to the Executive Magistrate for resealing from where the same were taken to FSL for expert opinion.