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2014 Supreme(J&K) 344

Virender Singh, BANSI LAL BHAT
State Of J&K – Appellant
Versus
Rajinder Kumar Alias Latt – Respondent


Advocates Appeared:
Gagan Basotra.

Per Bansi Lal Bhat, J.

1. Special Leave to file appeal is sought by the State against the judgment of acquittal recorded by Pr. Sessions Judge, Jammu on 30.09.2013 by virtue whereof respondent-Rajinder Kumar alias Latt s/o Amar Nath r/o Amar Colony Talab Tillo, Jammu (hereinafter referred to as "accused") has been acquitted of charge under Sections 8/21/22 NDPS Act, in case registered under FIR No. 06/2010, Police Station Pir Mitha, Jammu.

2. Allegedly, on 08.02.2010 a Police Party headed by Incharge Police Station Pir Mitha, while on patrol duty at Pir Mitha Chowk, intercepted a Scooter bearing registration No. JK02S/664. It is alleged that 18 packets of Pyremol spasm capsules containing 100 capsules each were recovered from personal search of the accused. Contraband was seized. Case came to be registered on the basis of a docket forwarded by the Incharge Police Station Pir Mitha. Samples of the seized capsules taken from each packet were sent to FSL for chemical examination during investigation. The investigation concluded in filing of charge sheet against the accused who was put on trial after he pleaded not guilty to the aforesaid charges. Prosecution has examined five witnesses





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