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| Prosecution failure leads to acquittal of Medico-Narco Smuggler | | | Early Times Report
Jammu, June 24: Principal Sessions Judge Jammu RS Jain acquitted one Ajay Sharma allegedly involved in smuggling of capsules, injections, as prosecution miserably failed.
Principal Sessions Judge Jammu after hearing Adv Himanshu Beotra for the accused person observed that 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 contention of LC for accused that the mandatory provisions of the NDPS Act have not been followed by the IO which keeping in view the stringent punishment prescribed in the NDPS Act, were to be observed by the IO and so, the benefit of doubt is to be given to the accused has force and to be accepted and further observed 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 Ajay Sharma is acquitted. (JNF) |
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