Excelsior Correspondent
JAMMU, Aug 10: Principal Sessions Judge Kathua, M K Hanjura has acquitted Balwinder Singh, Balbeer Singh and Jaswinder Singh of the charges of smuggling of Bhukki.
According to the police case, on August 22, 2005 Kathua Police while checking the vehicles at Magar Kot Khad, spotted three persons carrying a plastic bag under suspicious circumstances. Two of them were apprehended while as another managed to escape. From the bag 10 kilograms of poppy straw was recovered.
Accordingly, a case under Section 8/15 NDPS Act was registered against the accused and after completion of investigation, challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge Kathua, M K Hanjura observed, “although independent witnesses were available at the place of occurrence, which is said to be a public thoroughfare yet no attempt was made to examine them”, adding “the only independent witness namely Mohd Rafiq, who has been examined in the case, has turned a volte face by denying the seizure”.
“By withholding the independent witnesses and not co-opting them in the investigation of the case, the structure of the prosecution side becomes vulnerable. The cumulative effect is that the prosecution has not presented its case in a manner beyond any shadow of doubt”, the court further observed. Accordingly, both the accused were acquitted of the charges.
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