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JAMMU AND KASHMIR HIGH COURT
Alok Aradhe, J
State – Appellant
Versus
Bupinder Singh, Sukhdev Singh and Ravi Kumar – Respondent
| Table of Content |
|---|
| 1. acquittal related to the recovery of narcotic capsules. (Para 1 , 3) |
| 2. challenge to the acquittal on grounds of prosecution evidence. (Para 2 , 4) |
| 3. insufficiency of evidence and procedural irregularities. (Para 5 , 6) |
| 4. conclusion of dismissal of appeal based on findings. (Para 7 , 8) |
1. This appeal is directed against the judgment of acquittal recorded by learned 2nd Additional Sessions Judge, Jammu on 6-9-2012 by virtue whereof respondents Bupinder Singh, Sukhdev Singh and Ravi Kumar (hereinafter referred to as 'accused') have been acquitted of charge under S.8/21/22, NDPS Act.
2. The State has questioned the legality and correctness of the judgment of acquittal on the grounds set forth in the memo of appeal.
3. Prosecution version is that on 13-2-2010, a Maruti Car bearing registration No. JKO2AC - 9699 was intercepted at Jeevan Nagar, Jammu, by the Police Team while checking the vehicles. Accused Bupinder Singh was found driving the Maruti Car while other two accused were seated in the Car. The checking conducted by the Police Party yielded a polythene bag lying under the driving seat. 15 boxes of Spasmo Proxyvon, each containing six strips of 24 capsules were
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