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VINOD CHATTERJI KOUL, MOHAN LAL
State of J&K through Sr. Addl. Advocate General, Sgr. – Appellant
Versus
Rafiq Ahmad Dar – Respondent
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:
(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
The main legal point established in the judgment is the requirement for compliance with procedural safeguards and fair procedure in the investigation and trial of cases under the NDPS Act.
The prosecution must strictly adhere to the procedural requirements of the NDPS Act to ensure a fair trial, and non-compliance can lead to acquittal.
Non-compliance with the procedure for drawing up the sample of the narcotic, lack of compliance with the prescribed procedure under the NDPS Act, 1985 at all the stages, and the case being based on t....
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