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HIGH COURT OF JAMMU AND KASHMIR
STATE TH.P/S UDHAMPUR – Appellant
Versus
TARIQ AHMED DAR AND ANR. – Respondent
JUDGMENT :
Sanjeev Kumar, J.
01. State of J&K (now Union Territory of J&K) is in appeal against a judgment dated 31.01.2015 passed by the learned Additional Special Judge, Udhampur [“the trial Court”] in file No.31/08/Spl.Ch titled "State of J&K V. Tariq Ahmed Dar and another’, whereby the trial Court has acquitted the respondents of the offences under Sections 8/20 NDPS Act.
02. Briefly stated, the prosecution story as was projected in the final report submitted before the trial Court, is that on 06.01.2012, at about 11:35 a.m. Constable PW Noor Ahmed came to the Police Station Udhampur with a docket forwarded by S.I. Pawan Dev Singh by which it was reported that at about 11:30 a.m., S.I Padam Dev Singh along with other officials stopped a Tata-Sumo vehicle bearing Registration No.7363-JK03A for checking. The said vehicle ignored the signal and jumped the Jakhani Check Post. The vehicle was stopped and upon checking, 24 polythene packets were recovered behind the seats kept inside speakers. On inspection and by smelling, 22 packets were found to contain cannibas powder, whereas two other packets were found to contain charas balls and cobs. On inquiry, the driver of the vehicle disclo
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