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| Investigation faulty: Two accused get benefit | | | Early Times Reporter
Jammu | Apr 19
Second Additional Sessions Judge Jammu AK Koul today acquitted Bhajan Singh s/o Masaa Singh and Pragat Singh both residents of Punjab who were arrested by the police on November 2, 2006 and recovered 6 quintal of Bukhi and a case u/s 8/15 NDPS Act was registered, as the entire investigation is faulty and so everything in pursuance of faulty investigation gets vitiated and benefit goes to the accused.
According to the police case on November 2, 2006 a police party headed by ASI Asgar Ali Butt laid a Naka and stopped a truck No PB04-9681 for checking. Both the accused were boarding the said truck, on search of the truck, some polythene bags were found, each of bag contained 18 KGs Bhukhi and in addition to truck was loaded with Apple boxes in which 65 boxes contained on Bhukhi. The charge against the accused is that they were found in possession of 600 KGs. After collecting evidence and getting the report of the expert accused was to have committed offence u/s 8/15 NDPS Act and after completion of the investigation challan was presented n the court.
2nd Additional Sessions Judge Mr. AK Koul after hearing both sides observed that as per seizure memo the quantity of contraband was 18 KG but the IO and prosecution witness Sanjeev Chib in their statement stated that quantity of the contraband in sacks were 15 KG per sac and not 18 KG. So there is an inherent contradiction in documentary as well as oral evidence. Normally contradiction are explained by the IO but here this contradiction is in the statement of IO and his associate police official so there is no explanation to this extent. The matter does not end here only. There are so many other infirmities for instant breach of section 42 and 57 of NDPS Act, none sending of test memo form to FSL, these infirmities occurred on account of obliviousness of the investigating agency about the requirement of law and all these factors taken together lead the court to believe that the entire investigation is faulty and so everything done in pursuance of faulty investigation gets vitiated and benefit goes to the accused as such prosecution has failed to established a clear and convincing link between accused and crime. Suspicion however, grave does not suffice to hold person guilty that being so Court is constrained to hold that case fails and same is dismissed and accused are acquitted from the charges leveled against them. JNF |
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