Early Times Report
Jammu, Aug 5: Principal Sessions Judge Kathua MK Hanjura has acquitted three accused Narinder Kumar, Subash Singh and Jaffer Ali alias Nika facing trial in three different case as provisions of section 50 NDPS Act, have been flouted with impunity.
According to the police on 19 July 2004, a police patrol party produced Jaffer Ali alias Nika of Ward No 6, Basohli, before incharge police station, Basohli along with a bag, that he was carrying at the moment.
The search of the bag yielded 1512 capsules of SPM/PRX-WOCKHARDT. These were seized in presence of the SDPO, Basohli. This recovery led to the registration of a case under sections 8/20/21 NDPS Act at Police Station, Basohli. According to the another case on 5.8.2006 at about 19:15 hours a police patrol party headed by Mohan Lal Head constable, spotted a person at Basohli Morh, Lakhanpur.
On seeing them he broke into a run and was pursued and was apprehended. He was carrying a black polythene bag in his hand. It was opened and contained 800 capsules carrying the brand name "Pyrevan Spas" 19 Phenergan injections, 21 Buprenorphine and 3 curapose injections.
According to another case on 29.03.2005 at about 15:30 hours the police authorities of Police Station, Kathua, came to know from a reliable source that the accused Narinder Kumar, not only indulges in the sale and purchase of the intoxicated capsules but is carrying the capsules with him at the moment also. On this information a case for offences under section 8/21/22 NDPS Act, was registered at Police Station, Kathua, against the accused and presented challan in the Court after completion of investigation.
The Court after hearing both the sides observed that case has been dragged for a long period since the alleged date of occurrence during which any accused, if he is a normal human being, will undergo terrible mental agony, torture, pain and suffer anguish and anxiety about an uncertain, vague, unstructured future both of his life and job.
"This fate may result in the accused suffering depression and like.
In this long journey of nine years, which the case has wended by now, the right to speedy trial has become causality at every level," the court said. The judge further observed that the prosecution has not presented a reasonably flawless case which is beyond any shadow of doubt.
"The provisions of section 50 NDPS Act, have been flouted with impunity.
The samples have been sent for chemical analysis after a long delay. Where did the samples remain for a long time remains an unravelled mystery?
The communication vide which the samples have been sent to the FSL for chemical analysis has not been proved and the seized property has not been identified by the witnesses of the prosecution," with these observations Court dismissed all the challans and acquitted the accused facing trial in these three cases. (JNF) |
