State Of J&K vs Chabbi Lal
2021 Latest Caselaw 1132 j&K

                                                        Supplementary Cause List-2
                                                               Sr. No. 35




             HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU

                                             Pronounced on :16 .09.2021

                                                    CONCR NO. 51/2018
                                                    in
                                                    SLA No. 64/2018
                                                I




State of J&K                                            .....Appellant(s)


                      Through :- Mr. Jamrodh Singh, GA.

                                    v/s

Chabbi Lal                                          ......Respondent(s)

                       Through :- None.

Coram:       HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
             HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                    ORDER

The appeal is filed against the judgment dated 27.12.2017, passed by

the learned Special Judge (Principal Sessions Judge Ramban) whereby the

respondent has been acquitted of the charges framed under Sections 8/15

NDPS Act. The occurrence of 08.09.2011 at Shabanbas National Highway

Banihal resulted into presentation of the challan against the respondent and

Surinder Parshad Singh. The accused Surinder Parshad Singh has been

proceeded under Section 512 Cr.P.C wherein the respondent Chabbi Lal

faced trial for commission of offence under Sections 8/15 NDPS Act. As per

the prosecution case, the vehicle bearing registration No. HR38C/2565 driven

by the respondent approached the naka laid at the highway and on checking

of the vehicle 55 kg poppy straw was allegedly found which was kept in 15

bags in a cabin made in the body of the said vehicle. The prosecution

produced number of witnesses in support of its case. The respondent also

appeared as witness in the case.

The perusal of the judgment reveals that there are factual and legal

issues which are required to be considered in the appeal.

The Court finds sufficient grounds for allowing the application filed

for leave to appeal and is, accordingly, allowed. The application filed seeking

condonation of delay in filing the appeal is also allowed for the reasons stated

in the application.

The appeal is admitted.

Issue notice to the respondent.

Record of the trial court be summoned.

List on 16.12.2021.

                                               (Puneet Gupta)     (Dhiraj Singh Thakur)
                                                       Judge                     Judge
           Jammu:
           16.09.2021
           Pawan Chopra




PAWAN CHOPRA
2021.09.16 16:50
I attest to the accuracy and
integrity of this document