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2022 Supreme(J&K) 750

RAJNESH OSWAL, PUNEET GUPTA
State of J&K – Appellant
Versus
Shakoor Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.S. Jamwal.
For the Respondents: P.N. Raina, Nigam P. Saroop.

JUDGMENT :

RAJNESH OSWAL, J.

1. This appeal arises out of the judgment of acquittal dated 08.08.2013 passed by the learned Additional Sessions Judge, Rajouri (hereinafter to be referred as the trial court) in file No. 42/Special, titled, State vs. Shakoor Ahmed and Another whereby the respondents have been acquitted of the charges for commission of offences under sections 8/15/20 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (for short the Act) in FIR No. 40/2011 of Police Station, Rajouri.

2. The judgment has been impugned on the ground that the learned trial court has not appreciated the evidence in its correct perspective and the learned trial court has not considered that section 54 of the Act creates a statutory presumption against the accused and if the accused fails to account satisfactorily the possession of the narcotics drugs and psychotropic substance, then he is required to be convicted.

3. Mr. R.S. Jamwal, learned AAG appearing for the appellant vehemently argued that all the witnesses examined by the prosecution have proved that the contraband was recovered from the respondents but the learned trial court has not appreciated the said evidence in its right per

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