JUDGMENT

Rajesh Sekhri-J

1. By virtue of this judgment, the present appeal hanging fire for the last more than 12 years shall be put to quietus.

2. This appeal has been directed against judgment dated 28.02.2010 rendered by learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as „trial court‟), in File No.148/Challan titled „State of J&K v. Verinder Singh and another‟, and FIR No. 34 of 2007 of Police Station, Miran Sahib for offences under Sections 353/34 RPC, 4/25 Arms Act, 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for short) and 6/13 DCO, vide which, respondents have been acquitted of the charges.

3. Before a closer look at the ground s u r g e d i n t h e memo of appeal, it shall be apt to have an overview of the facts giving rise to the p resent case.

4. Case of the appellant-State/prosecution is that on 07.07.2007, Ajaz Ahmad, PSI along with police party of Police Station, Miran Sahib, while on patrolling received source information at about 8:00 P.M that respondents/accused were engaged in illegal trade of Poppy straw in their house in Ward No. 6. The PSI informed and requested SDPO and SDM to reach before they rushed to the spot to apprehend accused. Respondent-accused No. 1, it is alleged, on seeing the police party made an attempt to escape in his car bearing Registration No. JK02P-8077, but his attempt was foiled and he fled from the spot leaving the car behind. PSI-Ajaz Ahmad conducted search of the car and recovered poppy straw in a polythene bag, 1000 capsules of paravanspas, 60 capsules of Spasmoproxvon, a box containing 20 bottles of Rexicof, 02 tokas and one kirch. It is further case of the prosecution case that respondent/accused No. 2, Kamaljit Kour, meanwhile attacked the police party with Kirch, but she was overpowered by a lady constable, namely, Kamlesh Kumari and was taken into custody on the spot and Kirch was seized. Report was flashed to the Police Station, Miran Sahib, consequently aforesaid FIR came to be registered and investigation was assigned to SHO, Inspector-Harjit Singh, who came to the spot and seized the car in the presence of SDM and SDPO, R.S. Pura. After rituals of formal investigation, including preparation of the site plan, formal recovery and seizures of the aforementioned drugs and weapons, the IO extracted samples of 50 grams of Poppy straw, 10 capsules each of Parvanspas and Spasmoproxvon and one bottle of Rexicof, which were sealed on the spot. It is also case of the prosecution that 600 grams of opium, 40 kg of poppy straw and a bag containing

20 kg of poppy straw were also recovered and seized on house search of the respondents, their samples of 50 grams each were also taken and after formal sealing and re-sealing all the samples were forwarded to FSL for chemical analysis. On the conclusion of investigation, since aforesaid offences were established against the respondents, a final report, in terms of Section 173 of the code of Criminal Procedure, 1973 (for short Cr.P.C.) was filed.

5. Respondents were charged by the trial court for the aforesaid offences on 10.01.2008, whereby they pleaded innocence and claimed trial, prompting the trial Court to call for the prosecution evidence. Prosecution has examined as many as 14 witnesses.

6. In order to appreciate the prosecution evidence in the right perspective, it shall be apt to give a brief resume of the prosecution evidence, which reads thus: 7. PW-1 Ajaz Ahmad was incharge of the patrolling party at the relevant point of time, on whose report FIR against respondents came to be registered. He has stated that while on patrolling, he received source information that accused were involved in the illegal trade of Poppy straw in their house. He gave telephonic information to the SHO and proceeded to the house of accused along with the patrolling party. On seeing them, respondent no.1 tried to escape in his car bearing Registration No. 8077-JK02P, but he ran away leaving the car behind. He searc