STATE OF J&K Vs. ROMESH KUMAR
LAWS(J&K)-2022-7-102
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 27,2022

STATE OF JANDK Appellant
VERSUS
ROMESH KUMAR Respondents

JUDGEMENT

VINOD CHATTERJI KOUL,J. - (1.)Through the instant application, applicant-State seeks leave to file an appeal against the judgment, dtd. 14/9/2012, passed by the Learned Additional Sessions Judge, Udhampur( for brevity 'Trial Court') by virtue of which accused-respondent herein has been acquitted of charges under Ss. 8/15 Narcotic Drugs and Psychotropic Substances, Act, (for brevity 'NDPS Act').
(2.)The brief facts of the instant case are that on 6/8/2006 PW Daya Nand, IHC along with PWs Ravinder Singh and Tariq Mehmood was engaged in traffic checking and frisking near Salathia Chowk, Udhampur. During checking at about 5 PM an auto bearing JKO2F/8131 being driven by the accused-respondent herein came from TCP side toward Court Road, Udhampur. On checking of the Auto, a polythene bag containing 3-1/2 Kg Poppy Straw was found hidden beneath the back seat of the Auto. On the strength of written report lodged by PW Daya Nand, crime no. 191/2006 for the commission of offence under Sec. 8/15 NDPS Act was registered in Police Station, Udhampur and the investigation was conducted by PWInspector Jagdev Singh the then SHO Police Station, Udhampur. During the course of investigation the recovered Poppy Straw was seized and sample was taken out for the purpose of chemical analysis which was accordingly. sent to FSL, Jammu. The statements of witnesses were recorded. FSL report was obtained. On conclusion of investigation charge sheet was presented against the accused-respondent herein in the Court.
(3.)On 13/11/2006, formal charge for the commission of offence under Sec. 8/15 NDPS Act was framed against the accused-respondent herein. The accused-respondent herein pleaded not guilty, as such, prosecution was directed to lead evidence in the, case.


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