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2017 DIGILAW 8 (JK)

State of J&K v. Sunil Kumar

2017-01-28

ALOK ARADHE, MOHAMMAD YAQOOB MIR

body2017
JUDGMENT : 1. Vide impugned judgment dated 31.03.2015, respondents after facing trial for commission of offences punishable under Section 8/20 NDPS Act have been acquitted, dissatisfied thereof, an appeal is proposed to be preferred that too after the prescribed period of limitation. Hence the instant applications, one for condoning the delay of 216 days and another for leave to prefer the appeal. We have heard learned Deputy Advocate General as well as counsel for the respondents at length vis-à-vis merit of the case so as to ascertain as to whether grant of leave is warranted. 2. It is trite that sufficient cause for delay has to be construed liberally so as to advance substantial justice. When it appears that there is no valid ground for determination in the appeal, then to condone the delay and to grant leave to file appeal shall be an idle formality. 3. Learned Dy. AG, while projecting his case has taken us through the judgment impugned but when confronted with the conclusion, could not oppose the same in view of the weak evidence produced by the prosecution in the trial court. 4. We have bestowed our thoughtful consideration numerous circumstances as have been highlighted by the learned trial court are enough for the dismissal of the case of the prosecution. One of the important positions emerged from the perusal of the judgment and record is that it had been stated that in the course of search 12 numbers of corn cob leaves weighing 464 grams, 9 numbers of corn cob leaves weighing 346 grams and 6 numbers corn cob leaves weighing 270 grams were seized respectively from the possession of three respondents first, Sunil Kumar, second, Arshad Ahmed and third, Sudershan Singh. 5. PW Gose Mohd. as a witness has stated that the weight of the charas was 1 Kg and 70 grams. PW-Rakesh Singh has stated that weight of the charas was 1 Kg and 02 grams. When it is so, the case is totally in the region of suspicion. On such basis edifice of the prosecution is totally demolished. 6. In addition to the stated contradictions and discrepancies, the learned trial court has noticed number of other circumstances thereafter has arrived at conclusion which is consistent with the evidence as have been brought on record. 7. When it is so, the case is totally in the region of suspicion. On such basis edifice of the prosecution is totally demolished. 6. In addition to the stated contradictions and discrepancies, the learned trial court has noticed number of other circumstances thereafter has arrived at conclusion which is consistent with the evidence as have been brought on record. 7. We are not persuaded in any manner to take a different view when it is so to condone the delay and then to grant leave to file the appeal shall be useless. 8. Viewed thus, there is no scope to condone the delay as well as grant leave to file the appeal. Both the applications are accordingly dismissed. 9. Seized contraband shall be destroyed in presence of Chief Judicial Magistrate, Samba. Copy of the order be sent to the trial court for information and a copy of this order be also sent to the Chief Judicial Magistrate, Samba for information and compliance. Application Dismissed.