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Prosecution failure leads discharge of charges against narco-smugglers 2/16/2015 11:13:48 PM Early Times Report jammu, Feb 16 (JNF): 1st Additional Sessions Judge Jammu today discharged two narco (Charas) smugglers at the stage of faming charges, as police failed to produce FSL report which is mandatory for the NDPS Act. While discharging one Mohammad Latief Khan and Shahbaz Khan from the charges, 1st Additional Sessions Judge Jammu M S Parihar observed that, in the instant case the perusal of the file reveals that on 25/04/2014 the accused were arrested by a naka police party at Satwari when the accused were going on a scooter and on their search the police recovered a substance like charas weighing 2 kg 384 grams from them and in this connection a case was registered under FIR No 80/2014 for commission of offence under section 8/20 NDPS Act at Police Station Satwari. The investigating agency during the course of investigation collected samples of the contraband and after proper sealing, sent the same to FSL Jammu for expert opinion. As per the record, the samples were delivered to FSL Jammu on 07/05/2014. On completion of the investigation the charge sheet was filed on 24/07/2014 but the FSL report was not annexed with the charge sheet as the same was not received till that time. Thereafter, this court has directed time and again to SHO Police Station Satwari to produce the FSL report in this case so that the trial of the case shall proceed further but the FSL report has not been produced. In the cases under the NDPS Act, in my view the production of FSL report is necessary as in absence of the expert opinion i.e. FSL report, the court cannot presume that the substance allegedly recovered from the possession of the accused by the police is charas as alleged in this case and the charge can be framed against the accused for commission of offence under section 8/20 NDPS Act only on the basis of the positive report of the expert's opinion. Court further observed that in view of the provisions of section 268 CrPC, there is no sufficient ground for proceeding against the accused as in absence of the report of the FSL the alleged offence under section 8/20 NDPS Act is prima facie not made out against the accused. Court observed that till hearing of the arguments on the charge the prosecution has not been able to produce the report of FSL and thus, accused are discharged for offence under section 8/20 NDPS Act and directed Superintendent District Jail, Jammu to release the accused forthwith provided they are not involved or required in any other case.   Share This News with Your Friends on Social Network     Comment on this Story

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