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2022 Supreme(J&K) 68

RAJNESH OSWAL, RAJESH SEKHRI
State of J&K – Appellant
Versus
Shabir Ahmed Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant (s): Mr. Amit Gupta, AAG
For the Respondent (s): None

JUDGMENT :

This appeal is directed against the judgment dated 19.11.2012 passed by the court of learned 2nd Additional Sessions Judge, Jammu (hereinafter to be referred as the “trial court”) in file No. 1/Sessions titled “State of J&K Vs. Shabir Ahmed Bhat and others” arising out of FIR No. 17/2006 registered with Police Station, Bahu Fort, Jammu, for commission of offence under Section 21 NDPS Act, whereby the respondents have been acquitted by the learned trial Court.

2. The present appeal has been filed on the ground that the learned trial court has not properly appreciated the evidence, as the prosecution had established the case against the respondents by adducing documentary as well as oral evidence, that was sufficient to prove the guilt of the respondents.

3. Mr. Amit Gupta, learned AAG vehemently argued that the prosecution had successfully proved the case against the respondents beyond any reasonable doubt but despite that the learned trial court has acquitted all the respondents by wrongly appreciating the evidence.

4. Heard and perused the record of the trial court including the judgment impugned.

5. The case of the prosecution as it emerges from the charge-sheet is that on

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