Excelsior Correspondent
JAMMU, June 30: Principal Sessions Judge Ramban Md Akram Chowdhary has acquitted a driver and a conductor, who were facing trail for smuggling of poppy straw as prosecution failed to prove its case.
According to the police case, the accused persons namely Sukhvinder Singh, son of Barkat Singh and Amarjeet Singh, son of Sukhvinder Singh were arrested on March 2, 2010 after poppy straw was recovered from their truck.
After hearing both the sides, Principal Sessions Judge observed, “the Police witnesses have stated that there was movement of public around the place of recovery. However, no independent witness had been associated with the recovery and seizure. Non citing of the independent witnesses despite their availability is fatal for the prosecution case as the standard of proof in narcotic cases is required to be higher in view of the stringent penal provisions”.
“This is a case of defective investigation and the benefit of doubt goes to the accused. The recovery and seizure of the narcotic, in such circumstances, become doubtful, and the prosecution for want of cogent and credible evidence, has not succeeded to prove its case”, the Court said while dismissing the case and acquitting the accused of the charges.
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