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2022 Supreme(J&K) 192

RAJNESH OSWAL, MOHAN LAL
State of J&K – Appellant
Versus
Kewal Krishan – Respondent


Advocates:
Appearing Counsel:
For the Appellant(s):Mr. Ravinder Gupta, Advocate
For the Respondent(s):Mr. Dinkar Gupta, Advocate
For the Respondent(s):Respondent present in person

Judgment

Rajnesh Oswal, J.—This is an appeal against the judgment dated 21.02.2012 passed by the Sessions Judge Reasi (hereinafter to be referred as the trial court) in case tilted, “State vs Kewal Krishan” arising out of FIR bearing No. 125/2010 for commission of offences under sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances, Act (for short the Act) registered with Police Station, Katra.

2. The judgment has been assailed primarily on the ground that the learned trial court acquitted the respondent despite the fact that the appellant had proved the charges against the respondent and further that the learned trial court has wrongly appreciated the evidence.

3. Mr. Ravinder Gupta, learned AAG has vehemently argued that the learned trial court has wrongly acquitted the appellant on the premise that there was violation of section 50 of the Act whereas the fact remains that the alleged contraband has not been recovered from the personal search of the respondent but from the vehicle which was being driven by the respondent.

4. On the contrary, Mr. Dinkar Gupta, learned counsel for the respondent has vehemently argued that there are material contradictions with regard to t

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