JUDGMENT :

(Sanjeev Kumar, J.) :

1. The erstwhile State of Jammu and Kashmir (Now UT of Jammu and Kashmir) is in appeal against the judgment of acquittal dated 15.09.2017 passed by the learned Principal Sessions Judge, Udhampur (hereinafter referred to as the 'trial Court') in file No. 23/Spl. Challan titled 'State vs. Sat Paul & Anr., whereby the trial Court has acquitted respondent No. 2 Mohd. Dilshad of the charges under sections 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985, ["NDPS Act"]. Regarding respondent No. 1, he had absconded during trial and, therefore, proceeded under section 512 Cr. PC.

2. With a view to appreciate the grounds of challenge urged by the learned counsel appearing for the appellant to assail the judgment of acquittal in this appeal, it would be necessary to first briefly notice the case of prosecution, as was put up before the trial Court.

3. On 11.01.2015, Head Constable Mohd. Muzaffar along with other police officials, namely SPO Vijay Kumar, Kailasho Devi and CRPF Personnel of 84 Bn. were on checking and frisking duty at SCP Karal Nallah, Kud and during checking at around 1700 hours, the CRPF officials halted JKSRTC Bus bearing registration No. JK01Y-0554 at the naka point. The passengers were asked to come down from the Bus along with their luggage for checking. The passengers alighted from the Bus and during frisking and checking, the respondents/accused persons were found carrying three covers of the quilt which were tied with a rope. When the said covers were checked, Bhuki, wrapped in polythene bags, was found in them and on enquiry, the respondents/accused persons disclosed their names. They were questioned about the recovered contraband, but they disowned it. Accordingly, a docket was sent to the Police Station, Kud for registration of FIR, pursuant to which, FIR No. 04/2015 for commission of offences under sections 8/15 of NDPS Act was registered at Police Station Kud.

4. The Investigating Officer, after completion of the investigation and on the basis of evidence collected by him, found the commission of offences under sections 8/15 NDPS Act made out against the accused persons and, accordingly, the In-charge Police Station Kud, after recording his satisfaction with the investigation conducted by the concerned Investigating Officer, presented the challan before the trial Court.

5. In terms of order dated 04.03.2015 of the learned trial Court, the respondents/accused were charged for offences under sections 8/15 NDPS Act to which they pleaded not guilty. Accordingly, the prosecution was directed to lead evidence in support of the charge. The prosecution examined PWs Mohd. Ismail Bhat, HC Mohd. Muzaffar, SPO Vijay Kumar, Romesh Kumar Bhat, Yash Paul Singh, Pawan Abrol, FSL Expert, Sukanta Kumar Barik, Sanjay Dogra and PSI Ravi Kumar, in support of its case. After closure of prosecution evidence, the statements of the accused under section 342 Cr.PC were recorded and the incriminating material appearing in the prosecution evidence was put to them. The accused denied their complicity in the commission of alleged crime. It is pertinent to mention here that during trial, accused No. 1 Sat Paul had absconded and proceedings under section 512 CrPC have been initiated and a general warrant of arrest has been issued against him which till date has remained unexecuted. Thereafter, respondent No. 2 was directed to lead evidence in defence, however, no evidence was led in defence.

6. The learned trial Court, after analyzing the prosecution evidence and after hearing the parties, passed the impugned judgment thereby acquitting respondent No. 2 of the charges.

7. The judgment of acquittal passed by the trial Court has been assailed by the appellant-State