Early Times Report
JAMMU, Sept 26 : Principal Sessions Judge Kathua Pawan Dev Kotwal acquitted Zorawar Singh son of Baldev Singh of village Dhanore, Tehsil and District Kathua from whose possession heroine was recovered, as police witnesses contradicted each other. Court after hearing both the sides observed that in all the criminal cases except where it is otherwise provided expressly, the prosecution has to establish charge against the accused beyond every shadow of doubt and burden does not shift on the accused, but in the cases of present nature where the punishment is grave it has repeatedly been held by Supreme Court in catena of judgments that the prosecution besides establishing factual aspects of the case beyond reasonable doubts have also to establish the compliance of mandatory provisions of the Act, particularly, under sections 42, 50, 55 and 57 and any derogation not only prejudices the accused, but also casts doubts as to the fairness of the investigation and consequently the prosecution case. With these observations, Court is of the considered opinion that the prosecution has not been able to justify nonjoining of the independent witnesses, the police witnesses have contradicted each other on factual aspects and above all, there is noncompliance of provisions contained in sections 42 and 50 of the Act and, therefore, giving benefit of doubt to the accused, he is acquitted of the offences under sections 8/21/22 of NDPS Act. JNF |
