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2024 Supreme(J&K) 325

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
SANJEEV KUMAR, MOHD YOUSUF WANI
State through P/S Pulwam – Appellant
Versus
Nazir Ahmad Rathe r S/o Mohd. Abdullah Rathe – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ab. Rashid Malik, Ld Sr. AAG with Mr. Mohd. Younis, Assisting Counsel
For the Respondent:Mr. Shabir Ahmad, Advocate

JUDGMENT :

Mohd Yousuf Wani-J

1. Impugned in the instant appeal is the judgment dated 30-12.2016 passed by the Court of learned Principal Sessions Judge, Pulwama, (hereinafter referred to as the “Trial Court” for short), while culminating the trial of a police report/challan arising out of the case FIR No. 257/2013 of Police Station Pulwama, and filed u/s 173 of the Code of Criminal Procedure Samvat.1989 (already repealed but applicable in the case & hereinafter referred to as the “Code” for short) bearing file No. 21/2007- with date of institution as 19.09.2007, whereby the learned Trial Court acquitted the respondents/accused of their charges U/Ss 15/18, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter referred to as the “Act” for short).

2. The impugned judgment of acquittal has been assailed by the Appellant i.e., State of J&K (now UT) through SHO Police Station Pulwama, on the grounds, interi alia that same is liable to be set-aside, as being against the facts and the law. That the learned trial court has not appreciated the evidence of the prosecution led at the trial in the proper perspective and has proceeded to acquit the respondents/accused on hypothetic

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