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| Shoddy investigation leads to acquittal of alleged Narco Smuggler | | | early times report
Jammu, Jan 12 (JNF): Principal Sessions Judge Udhampur AK Koul acquitted Parbhat Singh S/O Bayant Singh R/O Lalli Tehsil and District Udhampur who was facing trial in NDPS Case for last seven years.
According to the police case , on February 2, 2006 a police party headed by SHO police station Udha-mpur was busy in checking the vehicles at M.H.Morh Udhampur. At about 12.30 P.M a passenger bus from Srinagar on its way to Jammu stopped at the chowk and the accused with a bag in his hand came down and started moving towards Udhampur town. After search of his bag a huge number of tablets of Charas and five sticks of Charas wrapped in maize cob leaves were recovered regarding which he could not give any plausible justification. Accordingly a docket Ext.P-12 was forwarded to police station for registration of case. A case was registered u/s 8/20 NDPS Act. After completion of investigation challan was presented in the Court. After hearing both the sides, Principal Sessions Judge Udhampur AK Koul observed that there is nothing on record to show that officer incharge of police station has put his seal on the packet which was kept in Malkhana of the police station although it was an important obligation in terms of section 55 of the NDPS Act.
The court observed that each and every lapse has to be explained by prosecution before claiming a conviction in a case but in this case it appears that investigating agency has failed to do what was required of it, keeping in view the provisions of NDPS Act and so has the prosecution failed to make out a clear nexus between the accused and the guilt. Court is of the view that this case does not qualify for conviction and is accordingly dismissed and accused is acquitted of the charges. |
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