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| Prosecution failure leads to acquittal of Ganja ‘Smuggler’ | | | Jammu, Sept 25: Principal Sessions Judge Poonch Jaffer Hussain Beigh has acquitted one Abdul Rashied who was facing trial in NDPS case for the last 8 years, as prosecution has not succeeded in proving the guilt against the accused person.
According to the police case that on July 12, 2005 Police Station Surankote received a copy of Report No.12 of Roznamcha dated July 11, 2005 of Police Post Behramgalla with averments therein that Mohd Saleem ASI Incharge of Police Post Behramgalla after returning from the naka reported under Report No.15 of Roznamcha dated July 11, 2005 at 20.30 hours that he at Chandimarh along with other police officials and the personnels of 27 RR at 17.30 hours found a person, namely, Abdul Rashied , the accused coming from Kashmir with some luggage on the back of the horse, restrained him for routine checking, recovered two cloth bags in which one kilogram and 500 gram of powder looking like Ganja covered in the plastic bags meant for smuggling, was sealed and seized on spot by Dy.SP Surankote.
On this police registered a case and after completion of investigation presented challan in the court of law.
The court after hearing both the sides observed that counsel for the accused is that the Investigating Officer has also not been examined in the instant case due to which adverse interference can be drawn against the prosecution. Non-examination of the Investigating Officer is not always fatal to the prosecution case but if there are contradictions in the statements of the prosecution witnesses, the evidence of the Investigating officer is of paramount importance because it is he who could clarify the facts stated by each of the prosecution witnesses. In this way non-examination of the Investigating officer by the prosecution is fatal and adverse interference can be drawn against the prosecution under section 114(g) of Evidence Act for withholding his statement.
In view of what has been said and done above, judicial process cannot be issued in the instant case against the accused person as the prosecution has not succeeded in proving the guilt of the accused.
This being so the instant case straight way merits the acquittal of the accused. The accused is accordingly acquitted of the charges framed against him. (JNF) |
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