STATE OF J&K Vs. RAJ KUMAR AND ORS

JUDGEMENT

(1.) The present acquittal appeal has been preferred by the State against the judgment dated 15.02.2016, delivered by the Court of 2nd Additional Sessions Judge, Jammu, in respect of File No. 76/ Special Challan, which, in turn, arose out of FIR No. 163/2014 registered at Police Station, Nowabad, Jammu, for offences under Sections 8, 15 and 27 of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as "the said Act").

(2.) The prosecution version is that in the intervening night of 1st and 2 nd November, 2014, a joint Naka of Police Station, Nowabad and Special Operation Group, Jammu, was carried out at Dogra Chowk, Jammu. At about 4.30 am, a Truck bearing registration No. JK02AF-6121, allegedly driven by respondent No.1- Raj Kumar, with the other two respondents/ accused on board, approached Dogra Chowk. The said vehicle was subjected to checking, where upon, four boxes of poppy straw were recovered from the cabin of the truck and other 14 boxes were recovered from the body of the truck, which was loaded with boxes containing apples. The Investigating officer, on reaching the spot, weighed the seized and recovered poppy straw and, as per the prosecution, the total quantity of the poppy straw was 120 kilograms. Samples of 500 grams each were allegedly taken from the 18 boxes of poppy straw and were placed in separate parcels, marked A-1 to R-1. The said parcels were allegedly sealed and the seal was impressed with a ring.

(3.) The sealed parcels were allegedly taken to the Executive Magistrate on 05.11.2014, who is said to have re-sealed the same on that date. Thereafter, the samples are said to have been sent to the Forensic Science Laboratory, Jammu, on 07.11.2014.