State through Police Station Pulwama vs Ahad Dar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 479

RAJNESH OSWAL
State through Police Station Pulwama – Appellant
Versus
Ahad Dar – Respondent

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

Judgment

Rajnesh Oswal, J.-The present appeal has been filed against the judgment dated 07.08.2018 passed by the Court of learned Principal Sessions Judge Pulwama (hereinafter referred to as the trial court) in case titled “State through SHO Police Station Pulwama versus Ahad Dar and another” by virtue of which respondents have been acquitted of the charges framed against them for commission of offences under Sections 8/20 and 25 NDPS Act in FIR No.283/2007 of Police Station Pulwama.

2. The present appeal has been filed by the appellant on the ground that the judgment impugned is against the law and facts of the case and prosecution had proved the case beyond any doubt but still the learned trial court has acquitted the respondents. It is further stated that the learned trial court had doubted seizure of the charas from the respondents though the recovery and seizure stood proved by the witnesses produced during the trial. The learned trial court has discarded the entire police evidence and seems to have been influenced by the minor contradictions in the depositions of the witnesses and also that the learned trial court has fallen into error of law by holding that the non-examinati

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