JUDGMENT :

1. This appeal arises out of Judgment of the acquittal dated 28.02.2018, recorded by the Court of learned Principal Sessions Judge Srinagar(for short the ‘trial court’) by virtue of which the respondent has been acquitted of the charge for commission of offences punishable under Section 20/28 NDPS Act. The Judgment has been impugned primarily on the ground that the learned trial court has not rightly appreciated the evidence.

2. Mr. Mohsin Qadiri, learned Sr. AAG submits that the Judgment suffers from perversity as the recovery was affected from the bag carried out by the respondent, as such, the option under Section 50 NDPS Act was not required to be given at all to the respondent. He further submits that the learned trial court has further fallen into grave error of law by stating that the independent witnesses were not associated during investigation which casts doubt in prosecution story.

3. Per contra, Ms. Taiba Gulnar, learned counsel for the respondent submits that there is neither any illegality nor perversity in the Judgment of the acquittal, recorded by the learned trial court and until and unless the court comes to the conclusion that there is perversity in the J