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| Court acquits 2 accused in NDPS case | | | Et Report
Jammu, Aug 13: Principal Sessions Judge Kathua MK Hanjura has decided two different cases of NDPS and acquitted both the accused Sunil Kumar and Ajay Sharma as the provisions of sections of the NDPS Act have been given the go-by. According to the police Sunil Kumar of Nagri Badore indulged in the sale and purchase of intoxicating drugs bearing the brand name "Corex." The information also revealed that he has concealed the drugs in one of the rooms of his residential house. A case for offences u/s 8/20/21 NDPS Act was accordingly registered at the police station. During investigation the house of the accused was searched. One hundred and sixty five bottles of "Corex" weighing 100mls each and 150 capsules of PROXIVON were recovered from his house on 30.07.2005 itself. These were found to in his unlawful possession. Representative samples were taken for chemical analysis by the FSL. According another case a police patrol party of police station, Lakhanpur, headed by ASI, Rattan Chand, while patrolling the area called "Patli Nalha", stopped and checked a Motorcycle bearing No .PB35D/3211. The driver of the motorcycle divulged his identity as Ajay Sharma, while as, the pillion rider stated his name as Sahil Gupta. They were physically searched. They were found carrying two polythene bags. These were checked. The search of the bag carried by Ajay Sharma yielded 510 capsules of "PARVAN SPAS" and 370 capsules of the same brand name were recovered from the bag that the accused and a case was registered.
The Court after hearing both the sides observed that that the prosecution has not presented its case in a manner beyond any shadow of doubt. "The recovery and the seizure have not been proved. The samples have been sent for chemical analysis after a long delay. Where did the samples remain for such a long time remains a mystery that has not been unravelled?
The prosecution has failed to connect the accused with the crime. The provisions of Sections of the NDPS Act have been given the go-by," with these observations Court dismissed both the challan and acquitted both the accused involved in different case. JNF |
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