JUDGMENT :

1. The erstwhile State of Jammu and Kashmir (Now UT of Jammu and Kashmir) is aggrieved by the judgment of acquittal dated 26.12.2013 recorded by the Principal Sessions Judge, Jammu [“the trial Court”] whereby the respondents have been acquitted of the charges under Sections 8/20/60 of Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”] and has prayed for leave to appeal.

2. With a view to find out as to whether there is any merit in the appeal proposed to be filed against the judgment of acquittal, it is necessary to scan through the judgment of acquittal and examine the reasoning given by the trial Court in support of its judgment.

3. The prosecution story as was put up before the trial Court is that on 28.10.2011, a policy party of Police Station, Nagrota was on patrol duty at Bantalab, Nagrota. During the course of checking of vehicles at about 5:00 p.m. they stopped a vehicle Xylo bearing Registration No. JK-03C-4188 which was coming from Srinagar. Two passengers along with a driver were travelling in the said vehicle. The driver disclosed his name as Mohd. Amin, whereas the two passengers sitting in the vehicles disclosed their names as Ashok Kumar and De