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| Prosecution failure leads to acquittal of three charas smugglers | | | EARLY TIMES REPORT
Jammu, Oct 18 : Principal Sessions Judge Jammu Kartar Singh acquitted Girish Kumar, Mohd Yousaf and Abdul Karim who were facing trial in NDPS Case as prosecution miserably failed.
Prosecution had alleged that on 22.10.2011, Incharge police post Greater Kailash during checking of a Toyota vehicle bearing registration number MH.04AW-9810, Three bags filled with charas were recovered from the vehicle.
On enquiry, three occupants of the car told that they were going to Maharashtra to sell the same and they disclosed their identity as Girish Kumar, Mohd Yousaf and Abdul Karim.
An FIR for the commission of offence falling u/s 8/20 NDPS Act against the accused was filed and investigation ensued. The accused were given option of search and they consented that they wanted to be searched in presence of SDPO City. The luggage of the accused was searched and on search 2.5 kg charas was recovered from accused Girish Kumar, whereas 3 kg charas was recovered from the accused Mohd Yousaf Mir and 2.5 kgs charas was recovered from the accused Abdul Kabir.
During investigation, it was further found that they had brought charas to Jammu on 20.10.2012 which was to be given to the accused Rajesh Kumar. They have brought total charas weighing 20 kg, out of which 12 kg was given to one Rajesh Kumar and rest of the charas was distributed by the accused Girish Kumar, Mohd Yousaf and Abdul Karim. They had received an amount of Rs. 5,70,000/ from Rajesh Kumar which was concealed by them in the vehicle and on the disclosure statement of the accused Rajesh Kumar, the said amount was recovered. After investigation, the final report was submitted in this court.
Principal Sessions Judge Jammu Kartar Singh held that the prosecution has miserably failed to prove its case against the accused beyond any reasonable shadow of doubt. They are, therefore, acquitted of the charges framed against them.
The seized charas shall be destroyed, whereas the seized vehicle shall stand released in favour of its owner but only after the expiry of period of appeal. The seized amount has not been claimed by the accused and as such it shall be deposited in the Reserve Bank of India or any other Bank as provided under rules. (JNF) |
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