State of J. & K. through P/S Khanyar vs Shabir Ahmad Rather

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 507

VINOD CHATTERJI KOUL
State of J. & K. through P/S Khanyar – Appellant
Versus
Shabir Ahmad Rather – Respondent

Advocates Appeared:
For the Appellant : Mr. Sajad Ashraf.
For the Respondent: Mr. Amtul Basit.

JUDGMENT :

1. The appellant has filed this appeal against the judgment of acquittal of the accused/respondent passed by the Principal Sessions Judge, Srinagar (for short “Trial Court”) on 15.03.2017 in case FIR no.82/2004 bearing File No.216/B, FIR No.82/2004 for offences punishable under section 8/20 NDPS Act, titled as State through Police Station, Khanyar vs. Shabir Ahmed Rather, precisely on the following grounds:

i) That there were sufficient grounds to prove the charge against accused. The witnesses produced show that accused was found in possession of contraband substance (Charas) and he has, thus, committed offence beyond any shadow of doubt. The witnesses have corroborated each other in material particulars. The Trial Court, however, did not give any credence even to the material evidence vis-à-vis recovery of the Charas from the active possession of the accused/ respondent on spot when he was arrested. The Trial court has wrongly observed that Investigating Agency has failed to prove the number of sticks of Charas recovered from the possession of accused which fact cannot be sole ground for passing impugned judgment. There was no material contradiction vis-à-vis recovery

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