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Judgment
Sanjay Dhar, J
Despite service, nobody has appeared on behalf of the respondent.
Through the medium of instant application, the appellant-State has sought permission to file an appeal against the judgment of acquittal dated
09.08.2018 passed by the learned Second Additional Sessions Judge, Jammu, whereby, the respondent has been acquitted of charges for offences
under Sections 8/20 of the NDPS Act.
It is contended by the learned counsel for the petitioner/appellant that the learned Trial Court while passing the impugned judgment has not appreciated
the prosecution evidence in its true and correct perspective and has rejected the case of prosecution simply on the ground that no independent eye
witness has been cited or examined by the prosecution. According to the learned counsel, such an approach on the part of the learned Trial Court is
not tenable in law.
Having perused the impugned judgment and taking into account the arguments raised by the learned counsel for the petitioner/appellant, a case for
grant of leave to file an appeal against the impugned judgment of acquittal is made out. Accordingly, the application is allowed and the petitioner is
permitted to file the appeal against the impugned judgment.
Application is, accordingly, disposed of.
Let the main appeal be registered and be listed for admission on 20.04.2022.