|Early Times Report|
JAMMU, Dec 1: 2nd Additional Sessions Judge Jammu Virender Singh Bhou acquitted Nissar Ahmed son of Ghulam Rasool Bhat resident of Kareri, District Baramulla-Kashmir and Peerzada Momin son of Peerzada Ashraf resident of Washkura Tehsil Handwara District Kupwara-Kashmir as prosecution miserably failed to prove the case.
Court after hearing Adv Prince Khanna with Adv Summit Khajuria for the accused persons observed that there is delay of four days in forwarding the samples to FSL, Jammu because in the instant case as per the report of the FSL expert PW-Pawan Abrol has categorically stated in his examination that the samples were received by him on 18.07.2017, however, the alleged contraband was recovered from the possession of accused persons on 14.07.2017 and as per the standing instructions issued by NCB, the sample must be forwarded to FSL for Chemical Examination within a period of 72 hours, but in the instant case the I/O did not bother to send the samples within the stipulated period of time and the same reached the FSL after the delay of four days and in view of the fact, that the seal used for sealing the contraband was not produced during the trial and the contradictory statement given by the FSL expert, that all the samples were bearing one similar inscription of seal, which is against the statement of PW Ashwani Kumar, leaves no doubt, that the samples received by the FSL expert were not the same samples as drawn and sealed on the spot and there is every possibility that the samples were tempered, and as such, the case of the prosecution, suffers from glaring contradictions which go to the root of the case of the prosecution.
Therefore, keeping in view nature of evidence on record which is inconsistent, contradictory and contradictions are major which go to the root of the case, and further there is sheer violation of directory provisions of the Act, which affects the truthfulness of the prosecution case, Court has no hesitation to hold that prosecution has miserably failed to prove the charges for the commission of the alleged offence against the accused persons beyond reasonable shadow of doubt. JNF