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| Court acquits 3 heroin smugglers as prosecution witnesses contradict each other | | | Jammu, July 26 : Principal Sessions Judge, Jammu, Rakesh Sagar Jain has acquitted Ranjit Kumar, Rakesh Kumar and Akhtar Rasool who were alleged to have been apprehended by police along with 10 kg heroine.
According to the police case, on February 11, 2012, during patrol duty at the naka point near bridge at about 9 pm, a motorcycle (JK02U/7629) was stopped and on search of Ranjit Kumar, a light brown bag of Tomy Hilfiger brand was recovered.
It allegedly contained four packets of heroine. From possession of Rakesh Kumar, one plastic bag containing three packets of heroine and from Akhtar Rasool, one small cloth bag containing three packets of the contraband were recovered. The SDPO and SP City were informed about the occurrence whereupon SDPO West Jammu and Sameer Jalani inspector, SHO Bakshinagar came on spot. The officers on testing the contents found the same to be heroine.
Hence FIR No. 17/2012 for offence under section 8/21/60 Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') was registered at the police station against the accused. After completion of investigation, challan was presented.
The principal sessions judge, after hearing the two sides, observed that after perusal of the testimonies of the witnesses examined by the prosecution reveal a number of contradictions and non-observance of the mandatory provisions of the NDPS Act during the investigation. The counsel for accused contended that the mandatory provisions of the NDPS Act have not been followed by the IO. So, the benefit of doubt is to be given to the accused which has to be accepted. and further observed that 28.
It is a settled principle of law that prosecution is under an obligation of proving the guilt of accused beyond reasonable doubts by cogent and clear evidence. In the present case, the prosecution witnesses contradict each other on material points which make their testimony unreliable and there is non-observance of the provisions of the NDPS Act by the investigating agency.
The prosecution has failed to prove the guilt of accused beyond reasonable doubts by cogent and clear evidence, as such, accused Ranjit Kumar, Rakesh Kumar and Rasool Akhtar are acquitted. |
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