Excelsior Correspondent
JAMMU, June 15: Principal Sessions Judge, M K Hanjura acquitted Bodh Raj, son of Malhar Ram of Kathua, who was facing trial in NDPS case for the last six years.
According to the police case, Bodh Raj was arrested along with poppy straw on July 27, 2007 by Police Post Industrial Estate Kathua. Accordingly, he was booked under NDPSA and on the completion of the investigation charge sheet was presented in the court.
After hearing Advocate DK Jandiyal for the accused whereas PP Ravi Kumar for the State, Principal Sessions Judge observed, “what can be deduced from the prosecution evidence is that the independent witnesses were available at the place of occurrence which is said to be a public thoroughfare. No attempt has been made to examine them”, adding “by withholding these independent witnesses and not co-opting them in the investigation of the case, the very structure of the prosecution side becomes vulnerable”.
“Cumulative effect is that 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 link evidence is missing in the case”, Principal Sessions Judge said, adding “viewed in the total context the prosecution case straightaway merits the acquittal of the accused”.
Accordingly, the accused was acquitted of the charges leveled against him.
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