STATE Vs. RAJ KUMAR

JUDGEMENT

(1.) Heard.

(2.) This criminal acquittal appeal has been filed against the judgment dated 13.02.2015 passed by the Trial Court by which respondent has been acquitted in respect of offences under Sections 8/21/22 NDPS Act.

(3.) Prosecution story in nutshell is that on 17.01.2011 at about 4.30 pm, while ASI Dharam Paul and other police personnel of Police Post, Nagri Parole, were on patrolling in village Saidpur, one person came from Punjab side towards Nagri Parole on a motorcycle bearing registration No.PB35F-7885. He was carrying a brown coloured bag and on checking, bag was found containing 1550 paravan spas capsule, 18 corex and 19 cofband bottles, which were seized. Thereupon report was prepared which was forwarded to the Police Station, Kathua for registration of FIR. On the basis of intimation, the first information report was lodged for offences under Section 8/21/22 of the NDPS Act against the respondent and the investigation commenced. The policed after completion of the investigation filed the charge sheet against the respondent. The prosecution in order to prove its case has examined PW-Ajay Singh, PW-Sadiq Ali, PW-Pawan Kumar Abrol, Scientific Officer, FSL, Jammu, PW-Bachan Singh, PW-Ajay Kumar, PW-Rakesh Kumar SGCt, PW-Dharam Paul, SI, PW-Ct.Pawan Kumar, PW-Rakesh Khajuria, PW-Rajeshwar Singh Slathia, PW-Rajeshwar Singh, SI, PW-Head Constable Mulkh Raj, PW-Bishan Singh Manhas, PW-Avtar Singh Jasrotia, Tehsildar, PW-Ct. Davinder Sharma and produced the documentary evidence. The trial Court vide impugned judgment inter alia held that the prosecution has failed to prove the seizure as well as the safe custody of the samples and accordingly acquitted the respondent of the offences alleged against him.