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DB upholds acquittal of Narco smugglers 11/28/2014 10:44:38 PM Early Times Report Jammu, Nov 28 (JNF): A Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice BansiLalBhat dismissed the criminal acquittal appeal filed by the state and upheld the acquittal of Narco Smugglers. According to the police case that on 10.10.2004, on the basis of specific inputs, a raid was conducted on the residential house of accused. Charas weighing 250 grams each was allegedly recovered from personal search of accused Surinder Singh and SurjitKour. The house search yielded 30 Kg poppy straw and 2.5 kg charas. The contraband was seized and sealed on spot. SHO sent a docket to Police Station Kathua, based whereon case under FIR No. 271/2004 for commission of offence under Sections 8/15/20 NDPS Act was registered. The investigation culminated in filing of chargesheet against the accused, who pleaded not guilty to the charges framed against them and claimed to be tried. The prosecution has adduced evidence to bring home guilt of the accused. Trial Court had acquitted Surinder Singh and SurjitKour as provision of Section 50 of NDPS Act have not been complied with. Division Bench after going through the judgment of Trial Court observed that Prosecution has led no evidence to prove that after seizure of contraband and taking of representative samples, the same were kept in Malkhana in safe custody. In absence of link evidence it is difficult to hold that the samples examined in FSL represented the substance recovered from the accused and found no substantial and compelling reasons to take a view different from one taken by Trial Judge on appreciation of evidence. The findings recorded by Sessions Judge are justified and the impugned judgment does not suffer from any legal infirmity and dismissed the appeal.   Share This News with Your Friends on Social Network     Comment on this Story

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