Excelsior Correspondent
JAMMU, Mar 20: Principal Sessions Judge Kathua, M K Hanjura today acquitted one Ahsan-ul-Haq, son of Nazir Ahmed of Khaneatar, who was facing trial in NDPS case.
According to the police case, on June 16, 2005 the accused was apprehended along with 2.5 kilograms of poppy straw at Hiranagar Morh.
After hearing Advocate Ganga Ram Sharma for the accused whereas Public Prosecutor Ravi Kumar for the State, Principal Sessions Judge observed, “glaring defect in the instant case is that the sample has been sent for chemical analysis after a huge delay of approximately 22 days. It is not known where this sample was lying for such a long time”, adding “there is also no evidence on record to state when and where the sample was sealed and if at all it was sealed where did the seals remain thereafter”.
“Under these circumstances the entire prosecution case shades into suspicion and the chances of tampering cannot be ruled out. The Investigating Officer was the best witness to divulge these details but he has not been examined as a witness in the instant case though the occurrence dates back to the year 2005”, the Court said, adding “it is saddening to note that no attempt has been made to produce him as a witness in the instant case despite ample opportunities having been granted to the prosecution. The accountability appears to have become casualty”.
“No checks and balances even in cases involving heinous offences appear to be in place. The cumulative effect is that the prosecution has not presented its case in a manner beyond any shadow of doubt. The percentage of morphine found in the contraband has not been stated by the chemical analyst. The recovery and the seizure have not been proved”, the Court further said.
With these observations, the Court acquitted the accused of the charges.
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