Condl(CR) No.57/2017

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SLAA No.60/2017

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HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

Condl(CR) No.57/2017

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SLAA No.60/2017

Date of order: 30.08.2017

State through P/S Nowshera

V.

Sham Lal

Coram:

Hon'ble Mr. Justice Alok Aradhe, Judge

Hon'ble Mr. Justice B.S. Walia, Judge

Appearing counsel:

For the petitioner/appellant (s)

: Mr. Amit Chopra, GA.

For the respondent(s)

: Mr. Rajeev K. Sangotra, Advocate.

i/

Whether to be reported in

:

Yes/No

Press/Media

ii/

Whether to be reported in

:

Yes/No

Digest/Journal

Per-Alok Aradhe,J:_

Condl(CR)No.57/2017:

Heard. For the reasons stated in the application which is duly

supported by a affidavit, we find that sufficient cause for condoning the

delay of 267 days in filing the application for leave to appeal is made out.

Accordingly, the delay of 267 days in filing the application seeking leave

to appeal is condoned.

In the result, Condl(CR) No.57/2017 is allowed.

SLAA No.60/2017:

Heard. After hearing learned Government Advocate for the

appellant, we are inclined to grant leave to appeal. Accordingly, SLAA

No.60/2017 is allowed.

Condl(CR) No.57/2017

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SLAA No.60/2017

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Registry is directed to diarize the appeal as Criminal Acquittal

Appeal.

Cr.Accquital Appeal:

This criminal acquittal appeal has been filed against the judgment

dated 31.05.2016 by which the respondent has been acquitted in

respect of offence under Section 8/22 NDPS Act.

2.

The prosecution story in nutshell is that on 26.08.2010, the

complainant namely Mohd. Shokat Inspector, SHO P/S Nowshera

along with SDPO Nowshera, constable Raj Kumar, Updesh Kumar

and Harbans Lal, SPOs were busy in checking of the vehicles.

During the course of the search, the respondent was apprehended

and search was conducted in the presence of SDPO, Nowshera and

200 Nos. of Capsules Pyremol Spasm recovered from the right

pocket of his pant and 175 Capsules were recovered from the left

pocket of his pant. On the basis of the aforesaid information, the

first information report was lodged. The police after completion of

the investigation filed the charge sheet against the respondent for

offences alleged against him.

3.

The prosecution in order to prove its case examined as many as 10

witnesses. The Trial Court after meticulous appreciation of

evidence on record has acquitted the respondent of the offences

alleged against him.

4.

Learned Government Advocate for the appellant submitted that the

Trial Court has failed to appreciate the evidence on record in its

correct perspective which has resulted in erroneous findings and

the consequent judgment. It is further submitted that there was

sufficient material on record to connect the respondent with the

commission of the alleged offence.

Condl(CR) No.57/2017

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SLAA No.60/2017

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5.

We have considered the submissions made by learned Government

Advocate for the appellant and have perused the record. From the

perusal of the evidence on record, it is evident that from the

contraband material which was recovered from the respondent, 10

capsules were packaged and sealed on the spot for the purposes of

chemical examination, however, the aforesaid sealed packet was

not kept on the superdnama of someone by the Investigating

Officer. It is also pertinent to mention here that from the statement

of PW-Jalal Din, it is evident that he has not stated that any FSL

form was filled by him on the spot. There is no material on record

to suggest that where the contraband material was taken and kept

after its seizure. No police malkhana register has been produced in

the Court in order to prove the fact that the contraband items were

deposited in the police malkhana. It is also pertinent to mention

that Som