Excelsior Correspondent
JAMMU, July 20: Principal Sessions Judge Kathua, M K Hanjura today acquitted one Zahoor Hussain, son of Abdul Hussain Saha of Billawar, alleged narco smuggler, as prosecution miserably failed to prove the case.
The narco smuggler was arrested on August 25, 2005 by Billawar Police along with 40 intoxicant capsules and 250 grams of poppy straw
After hearing both the sides, Principal Sessions Judge observed, “prosecution has not presented its case in a manner beyond any shadow of doubt. The samples have been sent for chemical analysis after a long delay. Where did the samples remain for such a long time is a mystery that has not been unraveled”.
“The prosecution has failed connect the accused with the crime. The provisions of Section 50 of the NDPS Act have been given the go-by. The communication vide which the samples have been sent to the FSL for chemical analysis has not been proved. Viewed in the total context the prosecution case straightaway merits the acquittal of the accused”. Accordingly, the accused, Zahoor Hussain was acquitted of the charges leveled against him.
“This is the time to rise from a deep slumber. This is the time to think, deliberate and sit together to plug the holes in the investigation of case involving serious offences under the NDPS Act. A copy of this judgment shall be sent to the District SSP Kathua for information and compliance. A copy of the same shall also be sent to the Director General Police for appropriate action at his level”, Principal Sessions Judge directed.
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