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2017 Supreme(J&K) 1041

MOHAMMAD YAQOOB MIR, B.S.WALIA
State of J&K – Appellant
Versus
Jarnail Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.S. Jamwal, Dy. Adv. General
For the Respondents:Vishal Kapoor, Advocate

JUDGMENT :

B.S. Walia, J.

1. Judgment dated 20.07.2013 rendered by the learned Sessions Judge Udhampur (in File No. 10/Spl. Challan titled 'State v. Jarnail Singh and another') acquitting the respondents in FIR No. 107/2005, Police Station, Chennai of the charges u/S's., 8/15, NDPS Act, has been challenged with a prayer for accepting the Appeal, setting aside the acquittal and for convicting the respondents. We have heard learned Dy. Advocate General as well as learned counsel for the respondents and have also gone over the record.

2. Prosecution case is of interception of Oil tanker bearing registration No. JK05A/0306 en route Srinagar to Jammu at Domail, Chennai on Srinagar-Jammu National Highway, in which, the respondents/accused were present at the relevant time and on search of the tanker, a packet of Poppy Straw was found in the cabin of the said vehicle which could not be accounted for by the respondents leading to registration of case FIR No. 107/2005, Police Station, Chennai u/S's, 8/15, NDPS Act. Recovered contraband was found to be weighing 1 kg 300 gms. Sample of the same was extracted for chemical examination, where-after sample packet and remaining contraband was seized

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