Excelsior Correspondent
JAMMU, Nov 12: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Sanjay Dhar has set-aside the imprisonment of 11 years in NPDSA case awarded by trial court to one Prem Kumar, a resident of Nepal.
After hearing both the sides, the DB observed, “there were multiple contradictions in the case of the prosecution, particularly the contradiction with respect to the statements of prosecution witnesses regarding the manner in which search and seizure was carried out”.
“There were contradictions in the statements of prosecution witnesses and safe custody of the substance allegedly seized by the police from the accused. “In view of the contradiction between statements of prosecution witnesses in court, the benefit of the same must go to the accused”, the DB ruled.
Accordingly, the appeal was allowed and the judgment passed by the trial court was set aside. The DB directed that Prem Kumar be released immediately.
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