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| Court acquits accused facing trial in NDPS case | | | Et Plus Report
Jammu, Mar 20: Principal Sessions Judge Kathua MK Hanjura todayacquitted one Ahsan-ul-Haq of Khaneatar, Haveli in Poonch who was facing trial in NDPS Case.
According to the police on June 16, 2005 Bhuki, Poppy Straw weighing 2500 gms was recovered from the accused. A sample weighing 100 gms was taken out of the seized Bhuki and was sent to FSL Jammu for chemical analysis. "The report revealed the presence of morphine in the contraband. A case for offences u/s 8/15 NDPS Act was accordingly registered against the accused at Police Station Hiranagar," police said.
The Court after hearing Advocate Ganga Ram Sharma for the accused and Public Prosecutor Ravi Kumar for the state, observed that glaring defect in the instant case is that the sample has been sent for chemical analysis after a delay of approximately 22 days. "It is not known where this sample was lying for such a long time. It is also not known when and where it was taken.
There is also no evidence on record to state when and where was the sample sealed and if at all it was sealed where did the seal remain thereafter.
Under these circumstances the entire prosecution case shades into suspicion and the chances of tampering cannot be ruled out," the Court observed.
"The Investigating officer was the best witness to divulge these details but he has not been examined as a witness though the occurrence dates back to 2005.
It is saddening to note that no attempt has been made to produce him as a witness despite ample opportunities. The prosecution case straightaway merits the acquittal of the accused.
Accordingly, the accused, is acquitted of the charges levelled against him and stands released from the bail bonds," the Court ordered. (JNF) |
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