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2023 Supreme(J&K) 593

VINOD CHATTERJI KOUL
State of J&K through P/S Pulwama – Appellant
Versus
Riyaz Ahmad Dar S/o Ghulam Nabi Dar R/o Safanagri – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ilyas Nazir Laway, GA vice, Mr Rayees-ud-din Ganai, Dy. AG
For the Respondent: Mr Shah Ashiq, Adv.

JUDGEMENT :

1. This appeal is directed against the judgment dated 26th July 2013, passed by the court of Principal District & Sessions Judge, Pulwama (for short “Trial Court”) whereby accused persons/respondents have been acquitted of their charges in case FIR no.13/2007 under Section 15/18 of NDPS Act, police station Pulwama.

2. I have heard learned counsel for parties and considered the matter.

3. Perusal of the file reveals that prosecution case is that on 12th January 2007, police post of Lassipora received an information that three persons/accused were indulging in illegal trade of narcotic substance, i.e., fukki (poppy straw) and as per the information commission of offence under Section 15/18 of NDPS Act was found committed and, accordingly, necessary entry was made in roznamcha on the same day at serial no.16 and copy of the said entry was forwarded to police station Pulwama for registration of FIR. The officer Choki, Lassipora (PW1) along with PWs 3,4,5,15, SOG Camp Pulwama under the command of PW2 and CRPF personnel of 166 Battalion left for the spot in the government vehicle and PW14 was entrusted investigation of the case. Upon reaching the spot, the site plan was prepared

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