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2022 Supreme(J&K) 152

TASHI RABSTAN, PUNEET GUPTA
Intelligence Officer, N. C. B. Jammu – Appellant
Versus
Chaman Lal – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishal Sharma, ASGI.
For the Respondent:Mr. M.K. Raina, Advocate.

JUDGMENT :

1. The appeal is preferred by the appellant against the judgment dated 28.03.2014, passed by the court of learned Ist Additional Sessions Judge, Jammu, whereby the respondent-accused was acquitted of the charges framed against him under Sections 8/20 NDPS Act.

2. The case of the appellant-complainant before the trial court was that the reliable information was received from a source by PW-Dheeraj Nagpal (complainant) that Chaman Lal-accused in the complaint, wearing blue track trousers and gray pullovers is to supply a consignment of two to three kilograms of charas to some unknown person on 10.12.2008 at around 1600/1700 hours at Narwal/Rajiv Nagar Chowk near auto stand. This information was provided by the complainant to the Zonal Director, Narcotics Control Bureau Unit, Jammu and consequently the naka was laid by the Narcotics Bureau led by the complainant. The case put up by the complainant was that on 10.12.2008 at about 4.40 PM an auto bearing registration No. JK02AE-0691 driven by the accused was intercepted and 2.100 KG of substance which was dark brown covered with maize leaves was recovered under the driver seat of the auto. Two so called independent witnesses

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