Excelsior Correspondent
SRINAGAR, Mar 7: High Court upheld the acquittal of two persons by the trial court in drug trafficking case and said the court is of firm opinion that no interference is required with the trial court judgment.
“In the light of the discussion made above, the Court is of the firm opinion that no interference is required in the judgment impugned whereby the trial court has dismissed the prosecution case and acquitted the accused. The appeal is without merit and is, accordingly, dismissed”, Division Bench of Justice Tashi Rabstan and Justice Puneet Gupta said.
The appeal was preferred against the judgment dated 29.05.2015, passed by the Principal Sessions Judge, Ramban, whereby the respondent-charanjeet Singh and Gurdeep Sing were acquitted of the charges framed against them under Section 8/15 NDPS Act.
The DB after thorough consideration of the prosecution appeal said the contraband was poppy straw and the same cannot be doubted in view of the statement of prosecution witness (Scientific Officer) and merely because the article put to chemical examination is found to be poppy straw does not mean that the accused have to be held guilty on that score.
Court said it is the totality of the circumstances which prove the guilt or innocence of the accused. The seizure though is stated to have been effected on 12.07.2011 the sample has been received by the Scientific Officer on 16.07.2011, that is, after four days of the alleged seizure.
“There is no explanation forthcoming as to where the seized article remained during those four days. It was for the prosecution to satisfy the court that right from the time the article was seized till it was received by the FSL the contraband sample remained intact and without any tampering”, reads the judgment.
Court said there is absolutely no evidence on record to convince the court that the samples obtained on 12.07.2011 remained intact till they reached at FSL for examination and admittedly, the malkhana register was also not brought on record nor proved so as to convince the court of the safe custody of article during the relevant period, that is, during the period the contraband was sealed and the sample of the same sent to FSL for examination. “This lacuna which has crept in the prosecution case definitely causes a dent in the prosecution case and remains incurable”, reads the judgment.
Court came to the conclusion that the prosecution has failed to prove the exact quantity of the contraband seized in the case. The sterling witnesses including Dy.S.P, two Executive Magistrates and even the IO have not been examined by the prosecution.
It has further been added that the superdnama of seal is not proved and so is the safe custody of the contraband allegedly seized from the vehicle. The independent witnesses did not support the prosecution case and the very facts revealed from the prosecution case leave no doubt in the mind of the court that the prosecution has failed to prove its case against the accused beyond shadow of doubt. This Court finds that the trial court has not committed error while holding the accused as not guilty in the case in hand.
Follow our WhatsApp channel
