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2017 Supreme(J&K) 806

ALOK ARADHE, B.S.WALIA
State of J. And K. – Appellant
Versus
Abdul Majid Mir – Respondent


JUDGMENT :

Alok Aradhe, J.

1. After hearing the learned counsel for the appellant, we deem it appropriate to grant leave to file Criminal Acquittal Appeal. Accordingly, leave is granted.

SLAA is disposed of.

Criminal Acquittal Appeal is taken up on board.

Cri. Acquittal Appeal No. 103/2014

This Criminal Acquittal Appeal has been filed against the judgment, dated 20.09.2013 passed by the trial court, by which the respondent has been acquitted of offences under section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act).

2. The prosecution story in a nutshell is that the In-charge Police Post, Peer Mitha, Jammu sent a docket from Circular Road, Jammu to Police Station City Jammu, wherein it was stated that while he along with other Police personnel was on patrolling duty, at about 7 p.m., they spotted a man carrying a polythene bag. On seeing them, he started fleeing away. Thereafter, the police party chased and nabbed him. On search being carried out, a polythene bag was found from him containing a ball of charas weighing 3 kgs. and 50 grams, out of which 50 grams was taken as sample for chemical examination and the remaining quantity of charas w




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