Excelsior Correspondent
JAMMU, Feb 6: Principal Sessions Judge Kathua, A K Koul has acquitted narcotic smuggler Mool Raj alias Gaddu, son of Bua Ditta of Lakhanpur due to lacunas in the prosecution case.
The narcotics smuggler was arrested on March 26, 2013 after 1.5 kilograms of charas was recovered from his house.
After hearing both the sides, Principal Sessions Judge observed, “from the facts and evidence on record it appears that the investigation has been conducted in a perfunctory manner with a scant regard to the established principles of law”.
“Each and every lapse has to be explained by prosecution before claiming a conviction in a case but in this case it appears that investigating agency has failed to do what was required of it keeping in view the provisions of NDPS Act”, the court said, adding “prosecution has failed to make out a clear nexus between the accused and the guilt”.
“Convictions cannot be awarded on the doubtful testimonies of witnesses and serious lapses on the part of the investigating agency”, Principal Sessions Judge said, adding “court is of the view that this case does not qualify for conviction. The case appears to be based on tainted and doubtful investigation. The nexus between the accused and the guilt appears to be seriously doubtful. So accused deserves benefit of doubt”.
Accordingly, the court dismissed the case and acquitted the accused.
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