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2021 Supreme(J&K) 547

SANJEEV KUMAR
Angrez Singh – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioner: Sandeep Singh.
For the Respondent: Jamrodh Singh.

JUDGMENT :

1. As per the prosecution case, on 26.04.2020, the Police Station, Arnas received an information from reliable sources that an unknown person has cultivated poppy crop in his land measuring around 5/6 marlas at village Dharan, District Reasi. On the basis of the said information, FIR No. 28/2020 for offences under Sections 8/18/29 of NDPS Act was registered at Police Station, Arnas.

2. During investigation, the I/O along with Tehsildar visited the spot and found that the petitioners herein have cultivated the poppy crop on their land. 2.2 kg of poppy crop was found to have been cultivated by petitioner Angrez Singh, 2.6 kg by petitioner Kuldeep Singh, 2.9 kg by petitioner Narinder Singh and 2.7 kg by petitioner Jasbir Singh. The I/O prepared the samples on the spot and seizure memos were prepared in the presence of Executive Magistrate. The samples were sent to FSL Jammu for chemical analysis and the statements under Section 161 were also recorded by the I/O. The petitioners were arrested on 07.9.2020. After obtaining report from the FSL, Jammu which confirmed the existence of narcotic material, the investigation was completed and the challan presented in the Court of lear

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