STATE THROUGH P/S THANAMANDI Vs. YASIR KHAN

JUDGEMENT

(1.) Heard. For the reasons stated in the application which is duly supported by an affidavit, we find that sufficient cause for condoning the delay of 255 days in filing the application seeking leave to appeal is made out. Accordingly, delay of 255 days in filing leave to appeal is condoned.

(2.) The prosecution story in nutshell is that on 21.03.2015, HC Zahid Hussain along with Constables Tahir Iqbal, Mohd. Junaid, Jalal Din and Aab Iqbal had gone out in connection with naka checking duty at Khablan Tehsil Thanamandi. At that time, they found the respondent having a bag in his hand going towards Khablan village. When the respondent saw the police personnel, he tried to escape from the spot and on account of suspicion, the respondent was apprehended by the police and during the course of the search from his bag, 18 number of Corex bottles were seized from his possession. Thereupon, the first information report was lodged for offence under Section 8/21/22 of the NDPS Act and the police after completion of the investigation filed the charge sheet against the respondent. The trial Court vide impugned judgment has acquitted the respondents of the offences alleged him.

(3.) Learned Government Advocate for the appellant submitted that the trial Court ought to have appreciated that the recovery of the contraband material from the possession of the respondents was proved in the fact situation of the case and the Trial Court has failed to view the evidence on record in its correct perspective which has resulted in erroneous findings and the consequent judgment.