State of Jammu & Kashmir vs Naresh Kumar S/o Duni Chand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 376

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, RAJESH SEKHRI
State of Jammu & Kashmir – Appellant
Versus
Naresh Kumar S/o Duni Chand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Raman Sharma, AAG with Ms. Saleeqa Sheikh, Advocate
For the Respondent:Mr. O.P.Thakur, Sr. Advocate with Mr. O.S.Bandral, Advocate

JUDGMENT :

Sanjeev Kumar, J.

1. The State is in appeal against the judgment of acquittal dated 19th October, 2011 passed by the learned Additional Sessions Judge, Udhampur [“trial Court”] in File No.32 and 8/Special Challan titled State v. Naresh Kumar, whereby the trial Court has acquitted the respondent for commission of offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”].

2. The impugned judgment of acquittal is assailed by the appellant on multiple grounds. However, before we advert to the grounds of challenge, we deem it appropriate to narrate few material facts germane to the disposal of this appeal.

3. As the prosecution story goes, on 28.10.2004, PSI Bhopinder Singh along with other police personnel, who were on patrolling duty, saw the respondent moving in suspicious circumstances at Salathia Chowk, Udhampur. On seeing the police, respondent tried to run. He was chased and from out of his possession 380 gms of heroin was recovered. PSI Bhopinder Singh took out 110 gms of heroin out of the seized contraband as samples and sealed the same on spot. Rest 270 gms of heroin was separately packed. The sealed 110 gms of heroin was sent for

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