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Court passes strictures against police
Acquits accused in NDPS case
12/6/2013 11:00:19 PM
Et Report
Jammu, Dec 6 : Principal Sessions Judge Kathua AK Koul has acquitted Jagtar Singh S/O Veer Singh R/O Toy Makwal, Tehsil Dasua, District Hoshiarpur, Punjab as many serious lapses committed by the investigating agency during investigation and issued General Arrest Warrants against Surjeet Kumar S/O Yodh Raj R/O Jallowal,Tehsil Bhogpur, District Jullandhar.
While acquitting the accused person, Principal Sessions Judge Kathua AK Koul observed that "Court would like to place on record a deep anguish that the Investigating Officer in this case has acted in a very casual manner in carrying out the investigation. If such remains the state of affairs, things are not going to improve so far as menace of drug trafficking is concerned. There are many serious lapses committed by the Investigating Officer with impunity. The result is that the resource of the State, the time and the energy has been wasted for nothing. It is high time to take corrective measures more particularly in investigating cases relating to heinous crimes if we mean to identify ourselves as members of prosperous society. According to the police case a police party, in discharge of their official duty, stopped truck No. JK03B-7568, which was on its from Jammu to Punjab, for routine checking. The accused No.1 was at the steering wheel of the vehicle, while as accused No.2 was also boarding the truck. Later managed to escape but during the search of the truck, 23 bags were recovered in which 560 kgs of poppy straw were packed. Accused No.1 divulged that the actual registration number of the truck in which contraband was found, was HR46-4449 but at the instance of accused No.2, a fake registration number (JK03B-7568) was displayed on the truck. Police party was satisfied that accused were involved in commission of offence u/s 8/15 NDPS Act and after completion of investigation challan was presented. Court after hearing both the sides observed that Oral evidence may at the best prove that some substance was recovered from accused but the essence of the case was to prove that the substance so recovered was a narcotic drug or a psychotropic substance but that proof is missing.
Even otherwise also the reliance on the statements of the official witnesses may not be safe more particularly in view of afore noted defects and dismissed the challan. JNF
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