STATE TH. SSP JAMMU Vs. SHALOO

JUDGEMENT

(1.) In this Criminal Acquittal Appeal, the appellant has assailed the validity of judgment dated 25.04.2015 by which respondent has been acquitted in respect of offence under Section 8/20 of the NDPS Act.

(2.) The prosecution story in nutshell is that on 20.01.2010 the respondent was travelling in Bus bearing registration No. JK02N-8041 from Udhampur to Jammu. The aforesaid Bus was intercepted by the Police near TCP Nagrota and the Police recovered Charas weighing 1 Kg 400 grams from the possession of respondent. Thereafter FIR No.12/2010 for offence under Section 8/20 of the NDPS Act was registered in Police Station, Nagrota, against the respondent and investigation commenced. The Police after completion of the investigation filed charge-sheet against the respondent. The trial Court, however, vide impugned judgment dated 25.04.2015 has acquitted the respondent in respect of offence under Section 8/20 of the NDPS Act.

(3.) Learned senior Additional Advocate General has stated that there was sufficient material on record to connect the respondent with the commission of alleged offence and the trial Court has failed to appreciate the oral and documentary evidence available on record in its correct perspective which has resulted in erroneous findings and the consequent judgment. On the other hand, learned counsel for the respondent has supported the judgment passed by the trial Court.