Excelsior Correspondent
JAMMU, Mar 4: Principal Sessions Judge Kishtwar Bala Jyoti today acquitted Abdul Rashid and Gh Qadir Mir of the charges under Sections 8/20 NDPSA as prosecution failed to prove their guilt.
“Although defence taken by the accused persons is unworthy of belief, prosecution has to stand upon its own legs and prove case beyond reasonable doubt”, the court said, adding “police officials of Chhatroo recovered one kilograms of charas from accused persons on January 15, 2014 when they tried to give slip to police naka party”.
“Independent witnesses made totally contrary version than statements of the IO and other police officials”, the court observed, adding “the prosecution must prove its case in such a manner that it should appear to be true case and not a ‘may be true case’. Let it be understood that there is a long way between a ‘may be true case’ and ‘must be true case’”.
While acquitting the accused, Principal Sessions Judge observed, “there is no evidence that the substance unused by FSL was returned to police. The officials of Police Department may take appropriate action in this connection”.
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