Excelsior Correspondent
JAMMU, Mar 30: Principal Sessions Judge Jammu, Katar Singh has discharged one Devi Singh, a resident of village Rattan Pur of Akhnoor tehsil, who was facing trial in NDPS Act, at the stage of framing charges.
The prosecution allegations against the accused were that on February 21, 2010, the Army personnel of 19 Sikh Unit stationed on Indo-Pak border under the jurisdiction of Police Station Khour lodged a written report alleging therein that two individuals namely Yash Pal son of Parkash Chand and Arjun Singh, son of Rattan Singh, both residents of Hamirpur were apprehended while moving under suspicious circumstances along with bags.
The personal search of both was taken and eight packets of heroine were recovered from the accused Yashpal whereas one packet of cocaine was recovered from the accused Arjun Singh. On this, a case under Section 8/21/23 NDPS Act was registered and the contrabands were seized on spot.
During investigation, it came to the notice of the Investigating Officer that the consignment was dropped at the border by one Devi Singh, who passed the information to the other accused to lift the consignment. After investigation, the final report was submitted in the court.
The accused Yashpal and Arjun Singh were tried for the commission of offence falling under Sections 8/21/23 NDPS Act in which they stood convicted. The accused Devi Singh could not be traced and proceedings under Section 512 CrPC were initiated against him. Ultimately, on March 5. 2012 the accused surrendered before the court and he was taken into custody. The 3rd Additional Sessions Judge Jammu submitted the case to the Court of Principal Sessions Judge for the reason that the court has been earmarked as Fast Track Court for trial of rape cases.
After hearing both the sides, Principal Sessions Judge observed that the investigating officer has made out the case against the accused that he was carrier of the contrabands which he dropped on the border and directed the other accused to lift the consignment.
“The other accused persons, who were arrested along with the consignment, were convicted after the trial for the commission of alleged offence”, the Court said, adding “it is to be determined as to what is the prima facie evidence against the accused in order to connect him with the alleged offence”.
“The whole evidence collected by the investigation officer during investigation is against other accused who were found in possession of contraband by the patrol part of Army. All the witnesses have not whispered even a word against the accused Devi Singh except Major Rahul Aggarwal whose statement is not sufficient to connect him with the alleged offence because his evidence is hearsay evidence”, the Court said, adding “there are absolutely no evidence which would justify framing of charge against the accused”.
He was, therefore, discharged.
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