Prosecution failure leads to acquittal of accused booked under NDPSA

Excelsior Correspondent
JAMMU, Feb 22: Principal Sessions Kathua, M K Hanjura has acquitted an accused involved in the smuggling of poppy straw as prosecution failed to establish the case.
According to the police case, on July 5, 2010 a police party intercepted the accused namely Ram Saroop alias Kaka, son of Faqir Chand at Hiranagar Morh and recovered 5400 gram poppy straw from his possession. Accordingly, a case was registered and after completion of investigation challan was presented in the court of law.
After hearing Advocate A Slathia appearing for the accused whereas Public Prosecutor Ravi Kumar appeared for the State, Principal Sessions Judge observed, “the prosecution has not presented its case in a proper manner. The percentage of morphine found in the contraband has not been stated by the chemical analyst. The recovery and seizure has not been proved. The prosecution has failed to connect the accused with the crime”.
While acquitting the accused, Principal Sessions Judge observed, “it is the right time to arm the FSL laboratories with men and material to cover all the lapses and loopholes”. He also quoted a recent judgment of Apex Court wherein directions have been issued for establishing Special Courts which would deal exclusively with offences under the NDPS Act.