Excelsior Correspondent
JAMMU, Sept 26: Principal Sessions Judge Kathua Pawan Dev Kotwal has acquitted Zorawar Singh, son of Baldev Singh of Dhanore Kathua from whose possession heroin was recovered, as police witnesses contradicted each other.
After hearing both the sides, court observed, “in all the criminal cases except where it is otherwise provided expressly, the prosecution has to establish charge against the accused beyond every shadow of doubt and burden does not shift on the accused”, adding “in the cases of present nature where the punishment is grave it has repeatedly been held by Supreme Court in catena of judgments that the prosecution besides establishing factual aspects of the case beyond reasonable doubts have also to establish the compliance of mandatory provisions of the Act particularly under Sections 42, 50, 55 and 57”.
“Prosecution has not been able to justify non-joining of the independent witnesses. Moreover, the police witnesses have contradicted each other on factual aspects and above all, there is noncompliance of provisions contained in Sections 42 and 50 of the NDPS Act”, court observed.
Follow our WhatsApp channel