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| Court acquits alleged charas smugglers | | | early times report
Kathua, Jan 19: Principal Sessions Judge Kathua, MK Hanjura today acquitted Chain Lal and Kali Dass who were accused of smuggling charas. According to the police on 20 January 2008 a police patrol party of P/S BIllawar apprehended both the accused and found two bags from their possession. "On enquiry they divulged that these contain charas," police claimed.
A case u/s 8/20 NDPS Act was registered and after completion of investigation challan was presented.
In 24 pages judgment Hanjura after hearing Advocate Deewan Singh appearing for the accused and Public Prosecutor Ravi Kumar appearing for the state, observed that the prosecution has not succeeded in proving its case by cogent reliable evidence.
"The recovery of charas shades into suspicion. The weight of the sample taken and sent for chemical analysis does not correspond with the weight of samples received by the chemical analyst. There is disparity in the statements of the witnesses on the weight of the charas recovered from the accused persons," the court observed.
"The FIR antedates the occurrence itself. This knocks the bottom out of the prosecution case and holds to be untrue and a manipulated one. Viewed in that contest the prosecution case straight away merits the acquittal of the accused, accordingly the accused who have so far been in custody for the last five years are acquitted of the charges levelled against them," it ordered. (JNF) |
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