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| Heroin smugglers acquitted as prosecution fails | | | Early Times Report
Jammu, June 1 : Principal Sessions Judge Jammu RS Jain acquitted Majid Hussain s/o Ghulam Hussain r/o Village Bohu, Awantipora, District and Mustaq Ahmed Khan s/o Mohd Subhan Khan r/o Village Poshwan, Awantipora, Pulwama alleged heroine smugglers as prosecution failed. Police case against accused Majid Hussain and Mustaq Ahmed is that on 4.9.2010, SI Satvir Singh along with police personnel were on naka duty at hospital road, Gandhinagar, Jammu and sent a docket to the police station Gandhinagar to the effect that at hospital road near the Gurdwara, Gandhi nagar, Jammu on 4.9.2010 at 2.45 one indigo car No. HR23G/0036 coming from Jammu city and going towards Gole market was stopped for checking. On checking the car, from the pockets of both the occupants/accused of the vehicle one black colour sealed packet was recovered from each. On opening the same, the rexine packet contained one plastic bag which was white in colour and found to contain heroin and recovered 300 gram heroin each from both the packets. Both the persons were transporting heroin and FIR No.189/2010 for offence u/s 8/21 NDPS Act was registered in police station Gandhinagar against the accused. After completion of investigation challan was presented. While acquitting the accused persons, Principal Sessions Judge Jammu RS Jain observed that there was non-compliance with the procedure laid down by the Act and these coupled with the inconsistencies, contradictions and embellishments affect the testimonial value of the witnesses examined by the prosecution. In view of the facts and circumstances of the case as noted above, it is clear that the prosecution case suffers from legal infirmities which are glaring in nature and renders the prosecution case highly suspicious and it would be unsafe to record the conviction of the accused. The prosecution has failed to prove the guilt of accused beyond reasonable doubts by cogent and clear evidence, as such, accused MajidHussain and Mustaq Ahmed are acquitted. |
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