Excelsior Correspondent
JAMMU, Feb 14: Principal Sessions Judge Rajouri R N Watal has acquitted one Mohd Shabir Malik, son of Said Mohd of Rajouri, who was booked under NDPSA as evidence brought on record by the prosecution regarding complicity of the accused in the commission of offences was not convincing and beyond shadow of doubt.
The accused was nabbed on 27-04-2014 along with 17 bottles of Corex (100ml each) and 6 empty bottles and accordingly FIR was registered for the commission of offences under NDPSA.
After hearing counsel for the accused and Public Prosecutor, the court observed, “since all the witness in crystal clear terms have stated that no independent witness was called on spot at the time of the search of the accused though same were present at the place of search and seizure, the transparency of search of the accused has been shattered that dents the prosecution case”.
Supporting his view by following judgments of different High Courts, Principal Sessions Judge observed, “if we look to the statement of prosecution witnesses they are contradictory to the nature of the contraband seized, sample taken from contraband and sending of the same to FSL. This contradiction is material one and cannot be ignored”.
“I am not oblivious to this fact that the contradictions do happen in the testimony of prosecution witnesses due to time span taken and recording their statement in the court but only the minor contradictions have to be ignored but not material contradictions that has effect of changing the edifice of prosecution story”, the Judge said, adding “from the evidence brought on record, prosecution has miserably failed to prove by cogent and clinching evidence its story”.
“I am of the considered view that evidence brought on record by the prosecution regarding complicity of the accused in the commission of offences under NDPSA is not convincing and beyond shadow of doubt and accused is entitled to be given the benefit of doubt”, the Judge said.
Accordingly, the chargesheet was dismissed and accused was acquitted of the charge. “Accused is on bail and his bail bonds stand discharged and seized material if any shall be destroyed after the appeal period is over”, the court said.
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