STATE OF J&P Vs. LEKH RAJ

JUDGEMENT

(1.) State is aggrieved of the acquittal earned by Lekh Raj S/o Amaru Ram R/o Village Sindi Morha, Tehsil Bani, District Kathua (for brevity 'accused') vide impugned judgment dated 04.07.2014 of learned Special Judge, Kathua, in case FIR No.03/2013 registered in Police Station Bani for the offences under Section 8/20 NDPS Act, therefore, Cr. Acq. Appeal No.12/2015.

(2.) It has been averred that trial court has not properly appreciated the evidence on record. That court below has mis-appreciated the law on the point. That there was enough evidence on record which was sufficient for convicting the accused/respondent,

(3.) Prosecution case is that on 07.02.2013, ASI Bashir Ahmed along with SGCt. Davinder Singh 493/K, SGCt. Manshah Mohd 232/K, SGCt. Shiv Kumar 299/K and Ct. Des Raj 978/K, were on patrolling in the area of Shaparu Mangihaar and when he along with his companions reached Shaparu at 12:15 PM, one person was found coming from the side of Sindi via Radiant-III Shaparu Road GREF and was carrying one bag brown coloured, who on finding the police party tried to run away. He was followed by him and other police personnel and was apprehended. He disclosed his name as Lekh Raj S/O Amaru Ram of Sindi Morha, Tehsil Bani. The bag was checked and one polythene bag containing two kilograms of charas was recovered from it, which was seized. Out of the seized charas, 50 grams were taken as sample for the purpose of chemical analysis which was sealed on spot and was marked as Mark-A. The accused having committed offence u/s 8/20 NDPS Act, was arrested. The ASI made a report, on the basis of which, FIR No. 03/2013 for offences punishable under sections 8/20 NDPS Act was registered and investigation of the case was entrusted to him. He recorded the statements of the witnesses, got the chemical report of analyst regarding the sample and found offences punishable u/s 8/20 NDPS Act established against the accused and accordingly presented the challan in the Court.