Excelsior Correspondent
JAMMU, Apr 12: Principal Sessions Judge Kathua, M K Hanjura today acquitted Javid Ahmed, son of Ali Mohd Bhatt of Pulwama, who was facing trial in NDPS Act, and issued notice to prosecution witnesses as to why they should not be punished for giving false evidence. The accused was arrested on March 2, 2010 along with 26 bags of poppy straw powder.
After hearing Advocate A Slathia appearing for the accused whereas PP Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “the prosecution has not presented its case in a proper manner beyond any shadow of doubt. It must needs to be noted that the crime cases registered in our state suffer from an intrinsic infirmity which render trials in courts less than fair”.
“At the infrastructural level we do not have the tools in the FSL for the analysis of narcotic drugs as could scientifically detect the amount and level of various substances in them. No precision or exactitude is possible in the absence of such laboratory apparatus and appliances which would find the percentages or actual weights of the drug ingredient in the substances detected and seized”, the Court said.
“What these cases finally come down to is motions of staging a drama or a spy thriller with no real spine in them as real substantial cases. With no wherewithal, in terms of men and material available to conduct a fair trial it were any day better to wind up such cases or remove the ban on the use of such substances for the needy and greedy people”, the Court said, adding “wisdom will dawn on us only after the drugs and narcotics affect a seizeable number of our vulnerable populace and then we will wake to find out ways and means to improve the infrastructure in our FSL both in terms of men and material”.
“The independent witnesses examined in the case have smashed the prosecution case. The prosecution has thus failed to connect the accused with the crime. The prosecution case straightaway merits the acquittal of the accused”, the Court said and acquitted the accused of the charges leveled against him.
The Court took serious note of statements of the prosecution witnesses and said, “in their statements made before this court, they have changed colours like a chameleon. There is reason to believe that these witnesses have committed perjury”.
Accordingly, the Court directed that a notice should be issued to them to show cause as to why they should not be punished for giving false evidence.
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