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| Accused facing trial in NDPS Act acquitted after 12 years | | | Early Times Report
Jammu, Dec 11(JNF): Principal Sessions Judge Rajouri AK Sharma today acquitted one Mohd Zuabir S/o Haji Ghulam Hussain R/o Rajouri who was facing trial under the NDPS Act for the last 12 years, as the police violated the provisions of NDPS Act.
According to the police case that on November 24, 1999 SHO Police Station Rajouri along-with police personnel was on patrol duty in Rajouri town. The accused was caught by the police personnel and during his personal search a ball of "Charas" was recovered from the pocket of his pent. In the meantime, Tehsildar reached on spot and in his presence the "Charas" was weighed which came out to be 550 Gm.
Principal Sessions Judge Rajouri AK Sharma after hearing Public Prosecutor Mirza Mukhtar Ahmad for the state whereas Adv Vivek Gupta appearing for the accused took serious note of the functioning of police observed that after the alleged seizure of the "Charas" on November 24, 1999, the same was allegedly handed over to the In-charge "Malkhana" of Police station. The In-charge "Malkhana" has neither been examined as prosecution witness nor the register of "Malkhana" has been proved with regard to keeping of the seized "Charas" in the "Malkhana". The seal allegedly used in sealing of the sample of "Charas" has also not been proved by the prosecution as to with whom it remained during the intervening period of sealing of the sample and sending the sample to the FSL. The sample of the seized contraband was taken on 24.11.1999 and was sent to FSL for chemical examination 16.12.1999. During this period, the sample as well as the seized contraband is stated to have remained with the Police agency, hence there was every possibility of tampering with the sample and substitution of the same. With these observations Court acquitted the accused by giving him benefit of doubt. |
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