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| Court acquits 3 alleged narco smugglers | | | EARLY TIMES REPORT
Jammu, Aug 10 : Principal Sessions Judge Kathua M K Hanjura acquitted Balwinder Singh, Balbeer Singh and Jaswinder Singh from the charges of smuggling of Bhukhi as independent witness denied the seizure.
According to the police on 22.8.2005 at about 16:15 hours a police patrol party of police station, Kathua spotted three persons carrying a plastic bag under suspicious circumstances . They were chased and two of them were apprehended. The third one broke into a run. Those who were apprehended divulged their identity as Balwinder Singh and Balbeer Singh. The bag was searched. The Poppy Straw packed in two packets was recovered from the bag whic weighed 10 kgs. After hearing both the sides, the court observed that what can be deduced from the prosecution evidence is that although independent witnesses were available at the place of occurrence, yet no attempt has been made to examine them. "The only independent witness namely Mohammad Rafiq who has been examined in the case has turned a volte face by denying the seizure. By withholding the independent witnesses and not co-opting them in the investigation of the case, the structure of the prosecution side becomes vulnerable. The cumulative effect of all that has been said and done above is that the prosecution has not presented its case in a manner beyond any shadow of doubt.
It has not been proved that the seized contraband belonged to the plant papaver somniferum," with these observations Court acquitted all the accused persons. (JNF) |
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