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| Court acquits Bhuki smuggling accused | | | early times report
Jammu, Feb 22 (JNF): Principal Sessions Kathua MK Hanjura has acquitted an accused who was facing trial for allegedly possessing poppy straw as prosecution failed to prove the case.
Ram Saroop alias Kaka son of Faqir Chand of Kanah Hiranagar was facing trial in possessing poppy straw. According to the police on July 5, 2010 during checking the accused was found carrying a bag and when it was opened (Bhuki) poppy straw weighing 5400 gram was recovered from it. A sample was sent to FSL Jammu for chemical analysis. The report received the percentage of morphine in the contraband a case u/s 8/15 NDPS Act was registered against the accused. After completion of investigation challan was presented in the Court.
The court after hearing Advocate A Slathia appearing for the accused and Public Prosecutor Ravi Kumar appearing for the state, observed that the prosecution has not presented its case in a manner beyond any shadow of doubt.
"The percentage of morphine found in the contraband has not been stated by the chemical analyst. The recovery and seizure has not been proved. The prosecution witnesses have excluded the possibility of the presence of each other of the place of occurrence when the occurrence ensued. The FIR appears to be ante timed actual occurrence, the prosecution has failed to connect the accused with the crime and accused accordingly acquitted of the charges levelled against him," the court observed.
While acquitting the accused, the judge that it is the right time to arm the FSL Laboratories with men and material to cover all the lapses and loopholes and quoted a recent judgment of Apex Court. |
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