Excelsior Correspondent
JAMMU, July 21: Additional Sessions Judge Jammu Tahir Khurshid Raina has acquitted one Nazir Hussain, son of Mohd Abdullah of Simbal RS Pura, who was booked under the Narcotics Drugs and Psychotropic Substances Act (NDPSA) 11 years back.
The FIR was registered at Police Station Miran Sahib on 16-7-2009 against Nazir Hussain and two co-accused namely Darshan Singh and Purshotam Lal of R S Pura. After filing of the charge sheet in the same year in the competent court , the two accused were charged for commission of offences under NDPS Act while accused Purshotam Lal under Section 109 RPC.
The trial of the case commenced in the year 2009 itself. However, accused Darshan Singh and Purshotam Lal died during the course of long drawn trial of eleven years and proceedings got abated against them. So the only surviving accused was Nazir Hussain against whom trial continued and culminated into acquittal after more than eleven years.
While acquitting Nazir Hussain, the court observed, “all the three independent witnesses did not support prosecution case and described it as a false one. They have described the contents of recovery memo of contraband untrue as they were marginal witness to it”.
“As this case was based on specific prior information about the commission of offence, it therefore attracted full application of mandatory provisions of NDPS Act like Section 41, 42(1) and Section 50. However, the evidence on record do not show that the mandate of said provisions of the Act were complied with in letter and spirit whose strict compliance have been held mandatory by constitutional bench of SC “, the court further said.
The Judge further said, “even there’s nothing on record to suggest that where the alleged seized material was kept after its alleged recovery from the co-accused and in whose custody it was kept at police station”, adding “when it was again taken to Magistrate for resealing and who took it to FSL for examination. What was the seal put on the sealed packets and where it was kept later. All these material lapses were to be explained by the investigating officer of the case who has not appeared as witness inspite of repeated opportunities”.
The Judge further said, “the superior courts have consistently held that the violation of the mandatory provisions of Act like Sections 42 and 50 will vitiate the investigation and results into acquittal of the accused”, adding “prosecution has failed to prove charge against the accused beyond reasonable doubt”.
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