Excelsior Correspondent
JAMMU, June 11: Ist Additional Sessions Judge Srinagar Ajay Kumar Gupta has acquitted two persons of the charges leveled against them for the commission of offences under Narcotic Drugs and Psychotropic Substances Act as prosecution failed to connect the accused with the crime.
Mohammad Ayoub Wani, son of Mohammad Sultan and Mohammad Altaf Parra, son of Wali Mohammad Parra of Sumbal, Bandipora were arrested on July 10, 2020 by Police Station Harwan after four kilograms of charas like substance was recovered from their possession.
After hearing the Additional Public Prosecutor and counsel for the accused, the court observed, “the non compliance of Section 55 of the NDPS Act has given a serious dent to the case of the prosecution and puts the case of the prosecution under shadow of doubts”, adding “another most important point to be considered in the present case which has a great impact on the prosecution story is the contradictory statements of the prosecution witnesses”.
“The evidence of prosecution witnesses is qualitatively and quantitatively insufficient to prove nexus between accused persons and commission of the offences leveled against them as none of the witnesses examined by the prosecution have shown corroboration with each other and have suffered glaring contradictions going to the root of the case”, the court said.
“On proper assessment, evaluation and estimation of the evidence adduced by the prosecution, the evidence appears to be weak, fragile, lacking in credibility. The whole case of the prosecution, therefore, becomes doubtful. I have no hesitation to hold that there is sheer violation of the mandatory provisions of Sections 52, 55 and 57 of the NDPS Act besides the evidence on record is contradictory”, the Judge said.
“It can safely be held that the prosecution has not been able to prove the guilt of the accused persons beyond any reasonable shadow of doubt for the commission of offences under Sections 8/20/29 NDPS Act. Therefore, the accused persons are acquitted of the charges leveled against them”, the court said and directed that the accused persons, who are in custody, shall be set free, if they are not, involved in any other case.
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