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2014 Supreme(J&K) 367

DHIRAJ SINGH THAKUR, BANSI LAL BHAT
State Of J&K – Appellant
Versus
Dev Singh – Respondent


Per Bansi Lal Bhat, J.

1. The State, being aggrieved of the acquittal of respondents (hereinafter referred to as "accused") of offence under Section 8/15 NDPS Act in terms of judgment dated 30.04.2014 passed by Principal Sessions Judge Ramban in case titled State v. Devi Singh and anr., seeks leave to assail the impugned judgment on the ground that the Trial Court has not appreciated the prosecution evidence properly and that the prosecution has adduced sufficient evidence to bring home guilt of the accused.

2. Prosecution case is that on 07.03.2011 a Police Party led by SGCT Mohd. Sharief was on patrolling and traffic checking near Rattan Bas on National Highway. At 10.30 am a truck bearing registration No. 8363/HR37 coming from Srinagar was stopped. Five white colored bags were recovered from the Cabin Tool while two bags were recovered from the petrol tank of the truck. On opening crushed poppy straw was found in the bags. The contraband weighed one quintal thirty six kilogms and seven hundred grms. SGCT Mohd. Sharief forwarded a docket to Police Station for registration of case which came to be registered under FIR No. 43/2011. Investigation ensued which revealed that the accused




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