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2023 Supreme(J&K) 43

SANJEEV KUMAR, PUNEET GUPTA
State of Jammu and Kashmir – Appellant
Versus
Mohd. Iqbal Dar – Respondent


Advocates Appeared:
For the Petitioner: Amit Gupta.
For the Respondent: S.C. Sharma.

JUDGMENT :

Sanjeev Kumar, J.

1. This appeal is directed against the judgment of acquittal dated 19.03.2015 recorded by the learned Principal Sessions Judge, Samba (hereinafter referred to as the 'trial Court') in file No. 5/Spl Challan titled 'State vs. Mohd Iqbal & Ors.' whereby the trial Court has acquitted the respondents of the charge.

2. Before we advert to the grounds of challenge urged by Mr. Gupta AAG appearing for the appellant to assail the impugned judgment, it is necessary to first elude to complete resume of the prosecution case.

3. On 10.03.2013, Nardev Singh Head Constable of Police Post, Mansar along with other police personnel was performing vehicle checking duties at Naka point Mansar Road. During the course of checking of vehicles at about 8 pm, they stopped a vehicle Tavera bearing Registration No. JK01Q-8070 which was coming from Srinagar. One person along with a driver was travelling in the said vehicle. The driver disclosed his name as Mohd. Iqbal Dar, whereas the other passenger sitting in the vehicle disclosed his name as Ali Mohd. Gaw Gujri. The vehicle was searched and on search, a polythene bag of white colour containing charas weighing 3 kg 700 gm was recov

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