J&K State (P/S Zainapora) vs Mohammad Shafi Malik
2022 Latest Caselaw 721 j&K/2

                                                           S. No. 14
                                                           After Notice Matters
          HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                     AT SRINAGAR
                                                           CRLA(AS) No. 15/2019

J&K State (P/S Zainapora)                                        .....Petitioner(s)
                      Through:              Mr. Illyas Laway, GA
                                            vice Mr. Asif, Dy. AG.
          V/s
Mohammad Shafi Malik                                         ..... Respondent(s)
                    Through:                Mr. Syed Musaib, Adv.

CORAM:
                Hon'ble Mr. Justice Sanjay Dhar, Judge.

                                       ORDER

25.05.2022 This is an acquittal appeal against the judgment dated 27.04.2019 passed by the Principal Sessions Judge, Shopian whereby the respondent has been acquitted of charges for offence under Section 8/20 of the NDPS Act. As per the charges leveled against the respondent, he was found to be in possession of 03 Kg of Charas which falls in Category of commercial quantity. Thus offence for which the respondent was charged carries a minimum punishment of 10 years of imprisonment which may be extended up to 20 years along with fine.

As per Rule 29 of the Jammu and Kashmir High Court Rules, the Single Judge has been vested with jurisdiction to hear only those acquittal appeals where the accused was charged of offence not punishable with death, imprisonment for life and sentence exceeding 10 years. In view of this, the instant appeal is required to be heard by a Division Bench of this Court.

The Registry is, therefore, directed to examine the issue and list it before the appropriate Bench on 08.07.2022.

(Sanjay Dhar) Judge SRINAGAR 25.05.2022 "Aasif"