Judgment

Tashi Rabstan, J.-The instant criminal acquittal appeal arises out of the impugned judgment dated 30.12.2015 passed by the learned 1st Additional Sessions Court, Jammu (Special Court under NDPS Act) in Complaint No. 68/2007, whereby the learned trial Court has acquitted the accused/respondent herein of the charges framed under Sections 8/20/61 of NDPS Act, 1985.

2. Before we examine the propriety of impugned judgment it will be necessary for us to refer to the facts giving rise to the present acquittal appeal filed by the appellant-Intelligence Officer, NCB, Jammu.

2(a) On the basis of secret information received by complainant-Intelligence Officer NCB, Jammu from reliable source that one person, namely, Vijay Kumar S/o Bansi Lal R/o Village Phinder, R.S. Pura will supply the contraband-charas to the smugglers of Punjab on 04.06.2007 at Asia Hotel Chowk, Jammu at about 09:00 am to 10:00 am. The matter was subsequently brought to the notice of Balwinder Kumar, Superintendent NCB and acting on the said information a team was constituted and a naka was laid at Asia Hotel Chowk, Jammu. Prior to laying of naka, complainant Sanjeev Chandel called two independent witnesses to wit