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| Court acquitted Charas Smuggler as prosecution failed to proved its case | | |
Jammu, August, 08 :- First Additional Sessions Judge Jammu Mr. GK Pandita has acquitted Jagmeet Singh s/o Yash Pal Singh r/o Nanak Nagar Jammu, who was facing trial from 1995 under NDPS Act whereas other accused Vinod Kumar s/o Tirloki Nath r/o Nanak Nagar was declared absconder on April 30, 2001.
In the acquittal judgment Mr. GK Pandita after hearing APP for the state and Advocate Prince Khanna appeared for the accused Jagmeet Singh, observed that neither from the documentary evidence nor from the oral evidence led by the prosecution and it appears that the option of search as is mandatory u/s section 50 of NDPS Act was given to the accused. There is not an iota of an evidence to suggest that the option was either directly or indirectly given to the accused at the time of search. Police had prior information about the alleged occurrence. The seizure of Charas was not by chance; therefore, under these circumstances it was mandatory and obligatory for the searching officer to lay the option before the accused and to see how they responded. This they have not done. It has not only created a doubt about the truthfulness of the prosecution story but on the other hand this lapse on the part of prosecution is fatal to the prosecution case itself. Under section 50 of Narcotic Drugs and Psychotropic Substances Act requirement of informing the accused of his right to be searched in the presence of a Gazzetted Officer or a Magistrate mandatory. Non-compliance thereof vitiates the Trial; no presumption to that effect can be raised. With these observations Court hold that prosecution has failed in connecting the accused Jagmeet Singh with the commission of offence u/s 20 of the NDPS Act as such he is acquitted from the charges leveled against him. According to the prosecution story on June 17, 1995 the then SHO Pritam Singh P/S Bahu Fort along with two constables were on patrol duty and received information through source that two persons are trading in Charas are roaming in yard No 2 of Transport Nagar Jammu. On receipt of this information SHO flashed the message to DySP Gandhi Nagar, who also joined the patrol party and two persons were apprehended. On search from Vinod Kumar 2 KG of Charas and from search of Jagmeet Singh 1.400 gram of Charas was recovered which they were carrying. Case u/s 20 of NDPS Act was registered against the accused persons and sample from seized Charas were sealed and sent to the FSL for report. After completion of the investigation Challan was presented in the Court which was decided after 11 years and accused Jagmeet Singh acquitted from the charges whereas against other accused Vinod Kumar proceedings u/s 512 CrPC initiated, who was declared absconder. JNF
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