Excelsior Correspondent
JAMMU, June 28: Additional Sessions Judge Jammu Sahazad Azeem today acquitted two alleged narco smugglers as prosecution miserably failed to bring home the charge against the accused persons beyond all reasonable doubts.
The acquitted persons are Ravinder Singh, son of Rachhpal Singh of Akhnoor and Tulsi Ram, son of Anant Ram of Muthi. They were apprehended by the police on September 5, 2011 along with heroin.
After hearing APP for the State whereas Advocate Prince Khanna for the accused, the court observed, “prosecution has failed to prove the safe custody of representative sample till its resealing by the Executive Magistrate and in addition, when it has been found that there is palpable difference between the weight of sample sent for chemical analysis and the weight of sample received by chemical analyst, the only possible hypothesis is that what is seized, is not sent to chemical analyst or same has been fiddled with till it reached to the chemical analyst”.
“When mutual and inherent contradictions and discrepancies are read in conjunction with the testimonies of solitary independent witness, who completely brushed aside the prosecution story and still not declared hostile, there remains no manner of doubt in concluding that prosecution failed to prove beyond reasonable doubt, search, seizure and alleged possession of contraband by accused persons in contravention to Section 8/21/23 of NDPS Act”, the court further observed.
“Since prosecution did not even made an attempt to prove that alleged material was imported into India or the currency notes allegedly recovered in any manner meant to facilitate the illicit traffic, therefore, it can be safely concluded that prosecution also failed to prove the contravention of Section 23 of the NDPS Act, against the accused persons”, the court said while acquitting the accused.
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