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2023 Supreme(J&K) 119

SANJEEV KUMAR, RAJESH SEKHRI
UT of J&K – Appellant
Versus
Pardeep Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amit Gupta.

JUDGMENT :

Rajesh Sekhri, J.

1. This appeal has been directed against judgment dated 13.09.2022 passed by the Court of learned Principal Sessions Judge, Jammu (for short, 'trial court') in File No. 02/Special Challan titled 'State v. Pardeep Singh and Anr.' and FIR No. 33 of 2007 of Police Station Miran Sahib for offences under section 8/15/29 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, 'NDPS Act'), vide which, respondent has been acquitted of the charges.

2. Along side the appeal, appellant-UT of J&K has also filed an application for condonation of delay of 122 days and an application seeking special leave to appeal, to be discussed and decided later, subject to merit of the appeal.

3. Shorn of verbosity, the prosecution case is that on 22.02.2017 Police Station, Miran Sahib, received source information that one Pardeep Singh, respondent No. 1 (since dead) driver of truck bearing registration No. JK02AE-0625 was involved in the illegal trade of poppy straw etc. to younger generation by transporting the same from Kashmir. He had parked his truck in front of his house and some poppy straw was being loaded in a Alto Car of respondent/accused Vijay Kumar and was bei

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