Excelsior Correspondent
SRINAGAR, Sept 13: High Court upheld the acquittal of drug peddlers by recording that the prosecution has failed to prove important aspects of sampling and analysis report before the trial court.
The division bench of Justice Sanjeev Kumar and Justice Mohammad Yousuf Wani upheld the acquittal of three persons-Nazir Ahmad Rather, Mohammad Yousuf Ganai and Manzoor Ahmad Ganai all residents of Tahab in district Pulwama.
The trio were acquitted by the Principal Sessions Judge Pulwama and aggrieved of the said acquittal; the prosecution moved an appeal before the High Court which too has been dismissed by the Division Bench.
The bench while upholding the acquittal judgment of trial court, said the prosecution has failed before the trial court to prove the important aspects of sampling as also the analysis report.
As per the record available before the court, the executive Magistrate before whom the sampling is alleged to have been done, has not been listed or examined as a witness in the case. “In the backdrop, we are of the view that the learned trial court has rightly appreciated the law as also the evidence while rendering the impugned judgment”, DB concluded.
The opinion of the trial court, the DB added, to the effect that prosecution has failed at the trial to establish the guilt of the accused beyond any shadow of doubt, does not call for any interference.
The case was the outcome of the FIR No. 257/2013 of Police Station Pulwama against the accused persons of their charges U/Ss 15/18, 29 of Narcotic Drugs and Psychotropic Substances Act.
Follow our WhatsApp channel