UNION OF INDIA, NARCOTICS CONTROL BUREAU Vs. RAFI AHMED
LAWS(J&K)-2020-12-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 15,2020

Union Of India, Narcotics Control Bureau Appellant
VERSUS
Rafi Ahmed Respondents

JUDGEMENT

Sanjay Dhar,J. - (1.)Through the medium of instant application, the applicant-Narcotics Control Bureau (NCB) seeks leave to file appeal against the judgment dated 11.11.2019 passed by the learned Principal Sessions Judge, Kathua (hereinafter referred to as the 'Special Court') whereby the non-applicant Rafi Ahmed has been acquitted of the charges for commission of offences under Sections 8/21/27/28 of NDPS Act, 1985.
(2.)In brief, the case of the prosecution is that on 31.08.2016, on the basis of a secret information received by the Intelligence Officer of NCB, a team of NCB started checking the vehicles that were proceeding from Punjab towards Lakhanpur Check Post. During the checking of a Bus, co-accused Irshad Ahmed Shera was apprehended and 130 bottles of Rexcough and 159 bottles of Cought Rex Syrup were recovered from him. It is the further case of the prosecution that the afore-named accused failed to produce any permission or documents authorizing him to carry the aforesaid drugs and upon enquiry, he made a voluntary statement under Section 67 of NDPS Act, stating that he had purchased the aforesaid drugs from the medical shop of accused Rafi Ahmed, the non-applicant herein, for a sum of Rs.26,000/-.
(3.)During investigation of the case, the recovered drugs were seized, their samples were taken, the same were sealed and sent for examination to FSL. As per the report of FSL, the samples of the recovered drugs were found to contain codeine phosphate which is an opium derivative as defined in Section 2xvi(c) of NDPS Act. The statements of witnesses were recorded and the confessional statements of co-accused Irshad Ahmed and accused Rafi Ahmed, non-applicant herein under Section 67 of NDPS Act were also recorded.
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