Excelsior Correspondent
JAMMU, Sept 24: Principal Sessions Judge Jammu, R S Jain today acquitted two accused namely Abdul Hameed Rashi, son of Abdul Ahad Rashi of Anantnag and Javaid Ahamad Sofi, son of Assad Ullah Sofi of Bijbehara, who were facing trial in NDPS case as prosecution miserably failed to prove the case.
These persons were arrested under Sections 8/16/20 of Narcotic Drugs and Psychotropic Substances Act, after over seven kilograms of charas was recovered from their possession.
After hearing Advocate Prince Khanna appearing for the accused persons, Principal Sessions Judge observed, “the legislature had enacted and provided certain safeguards in various provisions of the Act. The harsh provisions of the Act cast a duty upon the prosecution to strictly follow the provisions of the NDPS Act”.
“Even so, a close scrutiny of the circumstances makes it unsafe to render a conviction on the basis of statements of the accused. Looking to the quality of the evidence adduced by the complainant, court is of the view that it would be unsafe to base a conviction on the basis of statements made under Section 67 of the NDPS Act without any independent corroboration which statements in any case do not stand the test laid down by the various courts”, Principal Sessions Judge said.
With these observations, court acquitted the accused.
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