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2017 Supreme(J&K) 509

ALOK ARADHE, B.S.WALIA
State through P/S Nowshera – Appellant
Versus
Sham Lal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Chopra, GA.
For the Respondent:Mr. Rajeev K. Sangotra, Advocate.

JUDGMENT :

Alok Aradhe, J.

Condl(CR)No.57/2017:

Heard. For the reasons stated in the application which is duly supported by a affidavit, we find that sufficient cause for condoning the delay of 267 days in filing the application for leave to appeal is made out. Accordingly, the delay of 267 days in filing the application seeking leave to appeal is condoned.

In the result, Condl(CR) No.57/2017 is allowed.

SLAA No.60/2017:

Heard. After hearing learned Government Advocate for the appellant, we are inclined to grant leave to appeal. Accordingly, SLAA No.60/2017 is allowed.

Registry is directed to diarize the appeal as Criminal Acquittal Appeal.

Cr.Accquital Appeal:

This criminal acquittal appeal has been filed against the judgment dated 31.05.2016 by which the respondent has been acquitted in respect of offence under Section 8/22 NDPS Act.

2. The prosecution story in nutshell is that on 26.08.2010, the complainant namely Mohd. Shokat Inspector, SHO P/S Nowshera along with SDPO Nowshera, constable Raj Kumar, Updesh Kumar and Harbans Lal, SPOs were busy in checking of the vehicles. During the course of the search, the respondent was apprehended and search was conducted in the presence of SDPO, Now






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