Excelsior Correspondent
JAMMU, Oct 5: Principal Sessions Judge Udhampur, A K Koul has acquitted one Mohd Adris, son of Mohd Shaffi Bakerwal of Channi Morh, Udhampur, who was facing trial in a charas smuggling case, as the prosecution failed to prove the case.
The charas smuggler was arrested on November 16, 2010 along with five pieces of charas wrapped in maize cob skin.
After hearing Advocate PK Jandial appearing for the accused, Principal Sessions Judge observed, “the prosecution case suffers from an incurable infirmity which leaves the court with no option but to observe that the prosecution has failed to come up to the expectations”, adding “the investigating agency has left a serious defect in the prosecution case by not following the mandate of Section 50 of NDPS Act. The investigation appears to have been carried out in very casual manner with utter disregard to the mandate of law”.
“The recovery and seizure also appears to be shrouded with suspicions and once the recovery of contraband, which is the basis for prosecution of a person under NDPS Act, is doubtful or not in accordance with requirement of law, the entire case becomes a causality and a person cannot be punished on the basis of seriously doubtful investigation”, the Court further observed.
“The recovery and seizure as per prosecution case has been made at a crowded place but prosecution has not made any independent witness for being associated with recoveries. Above all the report of the expert which is the bed rock of a case under NDPS Act is also not up to the mark”, Principal Sessions Judge said.
With these observations, court acquitted the accused person.
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