Excelsior Correspondent
JAMMU, July 19: Division Bench of High Court comprising Justice Mohammad Yaqoob Mir and Justice Janak Raj Kotwal has set-aside 12 years rigorous imprisonment and fine of Rs 2 lakh awarded a narcotics smuggler namely Mohd Naseer by the 3rd Additional Sessions Judge, Jammu on May 12, 2009.
After hearing Senior Advocate Sunil Sethi for the appellant, the DB observed, “search has been conducted in violation of Section 50 of the NDPS Act even though the officer concerned had felt necessity of invoking the provisions of the Section”.
“The evidence led by the prosecution fails to provide reliable link evidence to establish beyond doubt that the substance recovered from the bag of the accused was in fact a contraband”, the DB said and set aside the impugned judgment and order of sentence.
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