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| NDPS smuggler acquitted as prosecution witnesses contradicts | | | Early Times Report
Jammu, July 29: Principal Sessions Judge Jammu Kartar Singh has acquitted one Jagbir Singh alias Jaga S/o Budhi Singh R/o Domi Mal Pur Jammu who was facing trial in NDPS Case as prosecution witnesses contradicted each other.
According to the police case on October 27, 2009 the police party of Police Station Akhnoor saw one person coming from Daskal Morh carrying a polythene bag which he tried to throw away on seeing Police, but was apprehended. From the said polythene bag, 14 packets of Pyremol Spasm capsules were recovered. Incharge patrolling party sent a docket to Police Station where FIR No. 210/2009 for the commission of offences u/s 8/21/22 NDPS Act was registered against the accused. The 14 packets of Pyremal Spasm capsules were seized and thereafter two capsules from each packet were taken as sample were sealed which were resealed by Naib Tehsildar Akhnoor. The accused was arrested and after investigation, the final report was submitted in this court.
Principal Sessions Judge Jammu Kartar Singh after hearing both the sides observed that Vipun Gupta prosecution witness who was then Naib Tehsildar Akhnoor and is stated to have resealed the packets which were produced before him by the investigation officer but there is nothing on record about the resealing of all the samples. He has stated that in the absence of any record, he cannot say anything as to whether he had resealed the sealed contraband or not. The prosecution has miserably failed to prove the certificate issued by Executive Magistrate after resealing the capsules before this court and this is sufficient to disbelieve the resealing of the contrabands by the Magistrate. Court held that there is not even an iota of any incriminating evidence against the accused who is, therefore, acquitted of the charge framed against him. (JNF) |
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