State of J&K vs Mohd. Maqbool Raina - 2022 Supreme(J&K) 695

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 695

RAJNESH OSWAL, PUNEET GUPTA
State of J&K – Appellant
Versus
Mohd. Maqbool Raina – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Amit Gupta.
For the Respondent: Jagpaul Singh.

JUDGMENT :

1. The present appeal is directed against the judgment of acquittal recorded by the Court of learned 2nd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) whereby the respondent has been acquitted of the charges for commission of offence under section 8/20 NDPS Act arising out of FIR No. 3/2009 registered with Police Station, Bahu Fort, Jammu.

2. The judgment has been impugned on the ground that the learned trial court has mis-appreciated the evidence and acquitted the respondent erroneously, as the prosecution had successfully proved the allegations levelled against the respondent by leading cogent evidence.

3. Mr. Amit Gupta, learned AAG appearing on behalf of the appellant vehemently argued that the prosecution had successfully proved the recovery of contraband from the respondent, but despite that the learned trial court acquitted the respondent by wrongly appreciating the evidence.

4. Mr. Jagpaul Singh, learned counsel for the respondent argued that the mandatory provisions of the NDPS Act were not followed by the Investigating Agency, as such, the learned trial court has rightly acquitted the respondent.

5. Heard and perused the record.

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