ET Report
Jammu, Feb 6 (JNF): Principal Sessions Judge Kathua today acquitted one Mool Raj @ Gaddu of Lakhanpur facing trial under alleged narcotics smuggling following utter failure of prosecution to prove allegations.Principal Sessions Judge Kathua AK Koul acquitted Mool Raj @ Gaddu S/O Bua Ditta R/O Ward No. 4, Lakhanpur as case appears to be based on tainted and doubtful investigation.
Principal Sessions Judge Kathua observed that it appears the investigating agency has failed to do what was required of it, keeping in view the provisions of NDPS Act and so has the prosecution failed to make out a clear nexus between the accused and the guilt. Convictions cannot be awarded on the doubtful testimonies of witnesses and serious lapses on the part of the investigating agency, court observed and added that case appears to be based on tainted and doubtful investigation. Thus the case is, accordingly, dismissed and the accused is acquitted of the charges, while being given the benefit of doubt. According to the case a police party headed by Rakesh Singh, PSI proceeded to the house of accused, on the basis of an information given by one Ajay Sharma @ Vicky Commando, and raided his house on 26/03/2013, and recovered 1.5 kilograms of charas from his bed room. The contraband was seized. After completion of investigation challan was presented. |
