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| DB Directed DGP to initiate against IO & Other police officers in alleged Charas Smuggling case | | | Jammu: Division Bench of J&K High Court Jammu Wing Comprising Justice Mohd Yaqoob Mir and Justice BL Bhat in an criminal acquittal appeal filed by the J&K against the judgment of 2nd Additional Sessions Judge Jammu’s judgment dated August 25, 2009, upheld the judgment of Trial Court and dismissed the appeal of state.
This landmark judgment written by Justice Mohd Yaqoob Mir for the Division Bench after hearing Govt Adv Mrs. Deepika Mahajan for the state appellants whereas Adv JA Hamal appearing for the respondents, took serious note of the case and observed that the present case is the worst example of having been handled in a most casual manner, may be with design which is shocking and directed Director General of Police J&K to institute an enquiry against the Investigating Officer, other officers and officials so as to ascertain, why the two samples weighing 100 grams each as were taken and sealed have not reached to FSL for analysis; How and which two samples weighing only 50 grams and 64 grams respectively have reached to the FSL; Whether the samples were tempered with or replaced; why the samples were sent to the FSL after a gap of 14 days from the date of sealing ; and why Tarlok Chand, who was the driver of the Maruti/Vehicle has not been arrayed as an accused or witness.
Division Bench also directed DGP that The action taken report be submitted within eight weeks.
According to the appeal filed against the judgment of the Trial Court that on march 11, 2003 Vehicle was intercepted, during checking at Bridge (Muthi Pul) which was driven by Tarlok Chand. Accused Manoj Kumar and Inderji Bhat traveling therein, were found to have concealed in their shirts two envelops containing Narcotic Substance, i.e., ‘Charas’. SDPO, Akhnoor was informed who reached on spot. ‘
The accused were given the option for being searched in presence of a Gazetted Officer or a Magistrate, they opted to be searched in presence of SDPO (Dy.S.P), Akhnoor, S. Prithpal Singh. From the possession of accused Inderji Bhat 750 grams of ‘charas’ whereas from the possession of accused Manoj Kumar 360 grams of charas were recovered and seized. 100 grams of Narcotic Substance each from the two packets, as recovered, were taken and sealed as samples, so were sent to FSL for analysis. The result of the analysis is that in the samples sent for analysis ‘charas’ was detected. The case as registered against the accused culminated in filing the Charge Sheet (Challan) for commission of offence punishable under Section 20 NDPS Act. The trial culminated in acquittal of the accused. JNF |
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