STATE OF JAMMU AND KASHMIR Vs. RAJU

JUDGEMENT

(1.) This Criminal Acquittal Appeal has been filed against the judgment dated 26.04.2012 passed by the trial court, by which the respondent has been acquitted of offences under sections 08/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(2.) The prosecution story in a nutshell is that on 06.04.2008, Sham Singh SPO informed Police Station, Kud through telephone that when he along with Army personnel were on checking and frisking duty at SCP Kral Nallah, Kud , at about 16.45 p.m. a bus, which coming from Srinagar to Jammu, was intercepted by them. During checking and frisking, charas was found from the bag of respondent, which was kept in a polythene bag. During investigation charas weighing 4 kg 800 gms was recovered from him and was seized. The Police thereupon, registered First Information Report for offences under Section 08/20 of the Act and investigation commenced. After completion of the investigation, charge sheet was presented in the Court against the respondent for the offence as aforesaid.

(3.) The trial Court in order to prove the case examined PW- Shah Shingh SPO, PW 2 Irfan Ahmed, PW 3 Imran Ahmed, PW 4 Balwan Chand, PW 6 Ravinder Kumar Gutpa, PW 7 Brij Lal, PW 8 Nissar Hussain Tehsildar, PW 9 Ravi Kumar Constable, PW 11 Rohit Koul, Scientific Assistant FSL, Jammu, PW 12 Hafiz Ul Rehman Constable and PW 13 Manoj Dhar. The trial court on the basis of material available on record vide impugned judgment has acquitted the respondent of the aforesaid offences.