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2021 Supreme(J&K) 611

RAJNESH OSWAL, MOHAN LAL
State of J&K – Appellant
Versus
Amarjit Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Gupta

JUDGMENT :

Oswal, J.

1. This is an appeal against the judgment dated 29.09.2012 passed by the 3rd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in case tilted, “State v. Amarjit Singh & Anr.” arising out of FIR bearing No. 59/2010 dated 18.07.2010 for commission of offences under sections 8 and 15 of the Narcotics Drugs and Psychotropic Substances, Act (for short the Act) registered with Police Station, Miran Sahib, Jammu.

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

3. Mr. Amit Gupta, learned AAG has vehemently argued that the learned trial court has not rightly appreciated the evidence despite the fact that the prosecution had successfully proved all the charges against the respondents.

4. It is pertinent to note that this appeal was filed against two accused persons and respondent No. 1-Amarjit Singh as per certificate produced by Mr. Amit Gupta, AAG has died and appeal against him, as such, abates.

5. Now the brief fact

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