Excelsior Correspondent
JAMMU, Dec 11: Principal Sessions Judge Rajouri, A K Sharma today acquitted one Mohd Zuabir, son of Haji Ghulam Hussain of Rajouri, who was facing trial under the NDPS Act for the last 12 years as the police violated the provisions of NDPS Act.
According to the police case, on November 24, 1999 Mohd Zubair was arrested along with 550 grams of charas.
After hearing Public Prosecutor Mirza Mukhtar Ahmad for the State whereas Advocate Vivek Gupta for the accused, Principal Sessions Judge, Rajouri, A K Sharma took serious note of the functioning of police and observed, “after the alleged seizure of the charas on November 24, 1999, the same was allegedly handed over to the In-charge Malkhana of Police Station Rajouri. The In-charge Malkhana has not been examined as prosecution witness”.
“The sample of the seized contraband was taken on November 24, 1999 and was sent to FSL for chemical examination on December 16, 1999. During this period, the sample as well as the seized contraband is stated to have remained with the Police hence there was every possibility of tampering with the sample and substitution of the same”, the Court said, adding “the entry of the sample having been made in the Malkhana register of the Police Station has also not been proved, which speaks volumes about the credibility of the prosecution case. The prosecution has, thus, again violated the provisions of NDPS Act”.
With these observations, Court acquitted the accused by giving him benefit of doubt.
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