Excelsior Correspondent
JAMMU, Mar 30: Procedural default of the prosecution has led to acquittal of accused booked under Narcotics Drugs and Psychotropic Substances Act (NDPSA) by 1St Additional Sessions Judge Jammu.
The accused namely Mohd Ayoub Malik, son of Abdul Karim of Gopal Pura Anantnag was booked under NDPSA by Nagrota Police after charas like substance was recovered from the vehicle he was driving.
During the trial, 11 prosecution witnesses were examined and the court observed, “evidence recorded in the NDPSA cases should be explicitly indicate towards the guilt and shall also not suffer from procedural defaults”.
“In the instant case, there is doubt in the prosecution story and as per criminal jurisprudence the benefit of doubt always goes in favour of the accused”, the court said, adding “to fasten the conviction upon the accused substantive evidence is required which doesn’t suffer from infirmities”.
Stating that prosecution has failed to prove the case beyond the shadow of the doubt, the court said, “the seized material was not re-sealed by the proper authority with due procedure”. Accordingly, the accused was acquitted of the charges leveled against him.
The State was represented by AAP Manzar Khayam and Advocate Amjad Khan appeared for the accused.
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