STATE OF J&K Vs. DEEPAK SHARMA

JUDGEMENT

(1.) The State has preferred this Criminal Acquittal Appeal against judgment dated 02.02.2011 passed by learned Sessions Judge, Rajouri in case FIR No.112/2008 of Police Station Nowshera, whereby respondent herein stands acquitted of the charges for the offences under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act').

(2.) The case of the prosecution is based on occurrence dated 30.06.2008 when police while on patrolling and traffic checking duty intercepted a Maruti Van bearing No.5463-JK02K at Rajal TCP. The driver of the vehicle, after parking the said vehicle on the road side, tried to run away and that he was carrying a polythene packet with him. However, the police party over-powered him. The said person was identified as accused Deepak Sharma and from the polythene packet that was in possession of the accused a charas like substance was recovered. The accused was given option to be searched either before a Magistrate or before some police officer. As per the option exercised by the accused, his search was conducted in presence of SDPO, who was called on the spot. The recovered charas like substance was found to be weighing 1kg and 400 gms. It was sealed on spot and its sample was sent to FSL for chemical examination. After investigation of the case, upon receipt of report of FSL, offences u/s 20/22 NDPS Act were found proved against the accused and the charge sheet was accordingly laid against him and vide order dated 17.02.2009, charges for offences u/s 20/22 NDPS Act were framed against the accused. Accused denied the charges and claimed trial of the case.

(3.) Court below after conclusion of trial acquitted the accused on various grounds. It was held by Court below that no independent witness was examined though incident took place in Bazar; that there is contradiction with regard to time of occurrence in statements of witnesses; that there is no evidence with regard to re-sealing of seized materials; that there is difference of weight of sample taken on spot and which were received in FSL.