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2014 Supreme(J&K) 363

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


Advocates Appeared:
Gagan Basotra, Mohd. Salim Malik, Sachin Gupta, Varut Kumar Gupta.

Per. Bansi Lal Bhat, J.

1. This appeal is directed against the judgment dated 07.05.2010 passed by learned Principal Sessions Judge, Kathua in case titled "State v. Surinder Singh and ors" by virtue whereof respondents (hereinafter referred to as the `accused') have been acquitted of offence under Sections 8/15/20 NDPS Act.

2. The prosecution case is that on 10.10.2004, on the basis of specific inputs, a raid was conducted on the residential house of accused. Charas weighing 250 grams each was allegedly recovered from personal search of accused Surinder Singh and Surjit Kour. The house search yielded 30 Kg poppy straw and 2.5 kg charas. The contraband was seized and sealed on spot. SHO sent a docket to Police Station Kathua, based whereon case under FIR No. 271/2004 for commission of offence under Sections 8/15/20 NDPS Act was registered. The investigation culminated in filing of chargesheet against the accused, who pleaded not guilty to the charges framed against them and claimed to be tried. The prosecution has adduced evidence to bring home guilt of the accused. On consideration of the evidence adduced at the trial, learned Sessions Judge acquitted the accused of charges framed ag






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