Excelsior Correspondent
JAMMU, Oct 29: Principal Sessions Judge Udhampur, A K Koul today acquitted Som Raj, son of Bachittar Singh of Seera Chenani, who was facing trial under NDPS Act as prosecution failed to prove the case against the accused person.
According to the police case, on December 11, 2010 a police party headed by ASI Abdul Rashid intercepted the accused at Dhanas Chowk, Chenani and recovered 1900 intoxicant capsules from his possession.
After hearing both the sides, Principal Sessions Judge Udhampur, A K Koul observed, “Section 57 of NDPS Act makes it mandatory for the person who affects arrest and seizure to report the matter to superior officials within 48 hours. But nothing like that appears to have been done by the Investigating Officer”.
“All these safeguards are meant for adding weight and credibility to the process of investigation and all this is aimed at preventing false implication of a person, but the Investigating Officers usually pay a deaf ear to these important requirements”, Principal Sessions Judge said, adding “the legal infirmities are in itself so serious that the case crumbles under its own weight. There is no explanation on the part of prosecution as to in what circumstances Investigating Officer has failed to follow the requirements of law”.
“The only conclusion that comes to the fore is that breach of mandatory provisions has led to denial of ordinary safeguards to the accused and such omissions by reflection lead to nullity of trial”, the court said, adding “this is a complete failure because the oral evidence is discrepant, infirm and seriously doubtful. The investigation has not been conducted in a fair and desired manner”. With these observations, court acquitted the accused.
Trending Now
E-Paper
Follow our WhatsApp channel