JUDGMENT :

Vinod Chatterji Koul, J.

1. Appellant has filed this Appeal against the judgment of acquittal dated 28th May 2011 passed by Principal Sessions Judge, Srinagar (for short “Trial Court”) in case FIR no.62/2008 registered in police station Shergarhi (Srinagar) for offence punishable under Section 8/20 NDPS Act titled as State v. Rafiq Ahmad Dar and for setting aside the same.

2. Impugned judgment is being challenged by appellant on following grounds:

(a) that judgment impugned is against facts and circumstances of the case;

(b) that prosecution evidence has not been appreciated by the Trial Court in its right perspective as the evidence and material produced by prosecution has proved the guilt of accused beyond any shadow of doubt and there was no other alternative left to the Trial Court but to record conviction of accused, but instead the accused has been acquitted of heinous offence under Section 8/20 NDPS Act, which offence is against the whole society;

(c) that there is no occasion for the Trial Court to hold that prosecution has failed to prove the charges against accused. Prosecution witnesses 1 to 4, 11 and 12, being eyewitnesses, have deposed to have recovered Charas fro