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2022 Supreme(J&K) 753

RAJNESH OSWAL, RAJESH SEKHRI
Union Territory of J&K – Appellant
Versus
Saleem Mohd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.S. Jamwal.
For the Respondent: Asheesh Singh Kotwal.

JUDGMENT :

RAJNESH OSWAL, J.

1. This criminal acquittal appeal is directed against the judgment dated 30.10.2019, recorded by the court of the Principal Sessions Judge, Reasi (hereinafter to be referred as the trial court) in file No. 13/Sessions, titled State vs. Saleem Mohd. whereby the respondent has been acquitted of the charges for commission of offence under sections 8 and 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act) in FIR No. 57/2016 of Police Station, Reasi.

2. The judgment has been assailed on the ground that the learned trial court has not appreciated the evidence led by the prosecution in its right perspective during trial and has not rightly acquitted the respondent.

3. Facts as they emerge from the charge sheet are that on 18.04.2016, Police Patrolling Party headed by the SHO, Police Station, Reasi, during patrolling, apprehended the accused at Bhaga, when he on seeing the Police Party tried to run away from the spot, but was apprehended and on personal search, 250 grams charas hidden in corn cobs was recovered from his possession. A docket was sent for registration of FIR to the Police Station. Pursuant to docket, FIR bearing No. 57/20

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