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| Narco Smuggler acquitted following prosecution failure | | | Et Report
Jammu, Oct 5 : Principal Sessions Judge Udhampur today acquitted one person who was facing trial in a narcotics smuggling, with observations that the investigating agency has failed to take up case and by not following the mandate of Section 50 of NDPS Act. Principal Sessions Judge Udhampur AK Koul after hearing Adv PK Jandial appearing for the accused observed that the prosecution case suffers from an incurable infirmity which leaves the court with no option but to observe that the prosecution has failed to come up to the expectations. Court observed that investigating agency has left a serious defect in the prosecution case by not following the mandate of Section 50 of NDPS Act. In its strict words court said investigation appears to have been carried out in very casual manner with utter disregard to the mandate of law. "The recovery and seizure as per prosecution case has been made at a crowded place but prosecution has not made any independent witness for being associated with recoveries, court observed and said thus all these infirmities read cumulatively do entitle the accused to acquittal. With these observations court acquitted the accused person.
As per case one Mohd Adris S/o Mohd Shaffi Bakawal R/o Channi Morh, Udhampur a police party on 16/11/10 headed by PW-4 was busy in checking/frisking people at M H Chowk, Udhampur and arrested the accused following recovery of five pieces of charas wrapped in maize cob skin. A case under section 8/20 NDSPS Act was registered and so the prosecution of accused was sought through this charge sheet.(JNF) |
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