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2019 Supreme(J&K) 533

GITA MITTAL, TASHI RABSTAN
State of J&K – Appellant
Versus
Jagbir Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Aseem Sawhney, AAG.
For the Respondent:Mr. B.R.Sharma, Advocate.

JUDGMENT :

1. By way of the present appeal, the State-appellant is seeking leave to file the Criminal Acquittal Appeal under Section 417 of the Cr.P.C, against the judgment dated 28th of November, 2015 passed by the learned 1st Additional Sessions Judge, Jammu, arising out of FIR No. 145/2011 registered at Police Station, Gangyal under Sections 8/21/22 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 whereby the learned Trial Judge acquitted the respondents from commission of the offences with which they were charged.

2. According to the prosecution, on 25th of October, 2011 a patrolling party of the police from Police Station Gangyal at 15:15 hours claimed to have intercepted a motor cycle driven by one Satvinder Singh @ Sunny-respondent No. 2 and a pillion rider Jagbir Singh @ Jagga-respondent No. 1 before us, at Peer Baba Kunjwani. Search of bag of respondent No. 2 was conducted by the police party in which it was alleged that Parvon Spas capsules and Corex syrup bottles in large quantity were recovered. A search of the bag of Jagbir Singh-respondent No. 1 also lead to the recovery of Parvon Spas capsules in a large quantity. On a report filed by the Incharge of the

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