INTELLIGENCE OFFICER Vs. DALVINDER KUMAR SHARMA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This Criminal Acquittal Appeal has been preferred against the judgment dated 20.02.2014 passed by the trial court, by which the respondent has been acquitted of offences under sections 8/20/60/61 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

(3.) The prosecution story in nutshell is that on 29.04.2008 at about 18.30 p.m information was received by Narcotic Control Bureau (NCB) from reliable source that a drug deal was going to take place in Bathindi area Jammu. On receiving the aforesaid information, NCB staff apprehended the respondent. On search being made, charas weighing 3.186 Kgs. was recovered from him. Thereupon, First Information Report was lodged for offences under sections 8/20/60/61 of the Act. After completion of the investigation, charge sheet was presented in the Court against the respondent for the offences as aforesaid. 2. The prosecution in order to prove its case examined as many as 6 witnesses, namely, Suresh Kumar, Sanjeev Chandel, Nathu Ram Sharma, Abey Raj namely,V.P. Bahuguna, Mangal Dass as prosecution witnesses. The trial court vide impugned judgment has acquitted the respondent of the aforesaid offences. 3 Learned counsel for the appellant submitted that the trial Court has failed to appreciate the evidence available on record in its correct perspective, which has resulted in erroneous findings and consequent judgment.