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SANJEEV KUMAR, RAJESH SEKHRI
State of J&K – Appellant
Versus
Adil Ahmed Sofi – Respondent
JUDGMENT :
Rajesh Sekhri, J.
1. This appeal has been directed against judgment dated 31.05.2018 propounded by learned Special Judge (Principal Sessions Judge), Ramban (for short, learned trial court) in File No. 17/Spl. Challan, titled ' State v. Adil Ahmed Sofi' and FIR No. 35 of 2016 of Police Station Banihal for offences under section 8/15 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, NDPS Act), vide which, respondents have been acquitted of charges.
2. Shorn of customary verbosity, case of the appellant-State/prosecution is that on 24.03.2016, while HC-Chanderdev No. 778 Rbn of Police Post, Jawahar Tunnel along with police personnels were conducting traffic checking on NHW 1-A at Jawahar Tunnel, they intercepted a Xylo Car bearing Registration No. JK01-U/1711 at about 11:45 being driven by respondent on its way from Srinagar. None else was stated to be travelling in the said vehicle. On search of the vehicle, a white coloured plastic bag containing poppy straw came to be recovered from a hole of the dickey and 36 polythene bags of green colour containing poppy straw were recovered from both sides of the dickey and inside the rear window. It is alleged that re
The prosecution's failure to adhere to mandatory provisions of the NDPS Act led to serious discrepancies, resulting in the acquittal of the accused.
Non-compliance with mandatory provisions of the NDPS Act and contradictions in evidence undermine the prosecution's case, leading to the reversal of conviction.
(1) Where Police witnesses examined are reliable then prosecution case is not required to be rejected on the ground that independent witnesses were not examined.(2) Statement of witness is required t....
The prosecution must establish a clear chain of custody and provide consistent evidence to support charges under the Narcotics Drugs & Psychotropic Substances Act; otherwise, the accused may be acqui....
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