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| Court acquits accused woman in Excise Act, directs SSP for enquiry | | | Early Times Report
JAMMU, Dec 21: Special Mobile Magistrate Passenger Tax Jammu Sandeep Gandotra while acquitting alleged accused Asha Devi in Excise Act, observed that it would be proper to mention here with a heavy heart, that it is sad reflection on the working of police and investigating officers because on the one hand no civilian has been associated in the recovery of liquor from the accused and on the other hand neither the four police personnel (eye witnesses) nor the investigating officer have cared to come before the court and depose, despite the fact that many opportunities were granted to prosecution to produce the witnesses, in a trial which has continued for more than five years against a woman.
The witnesses mentioned in the list attached with challan are summoned through Police Department and in case the police personnel are themselves not coming forward to give statement in courts, one can well imagine the efforts being made by them to produce independent witnesses in courts and directed Senior Superintendent of Police (SSP) Jammu, who shall hold an enquiry into the matter and fix responsibility not only in this case but also see to it that the police personnel cited as witnesses and investigating officers do appear and depose in courts in all cases, in the interest of justice.
Special Mobile Magistrate Passenger Tax Jammu Sandeep Gandotra said the challan was presented in this court on 12.08.2014 in presence of the accused and copies of challan were given to her as required under Section 173 Cr. P.C. The statement of accused u/s 242 CrPC was recorded on 09.04.2015 and the accusation were read over and explained to her. However, the accused pleaded to be innocent and claimed to be tried. As such, the prosecution was directed to produce evidence in support of its challan.
Court further observed that In this case the investigating officer PW-V SI Nayat Ali 7808/NGO, incharge police post Narwal has mentioned the names of all four police personnel who were members of patrolling party as eyewitnesses in the list of witnesses attached with the challan. These are PW-I ASI Mohammed Rafi No. 955677/EXJ, PW-II Constable Mohammad Aslam No. 2096/J, PW-III Constable Raghunandan No. 325/J and PW-IV Constable Mohinder Kumar No. 1587 /J. The Investigating Officer has also mentioned PW-VI Inspector Chanchal Singh, SHO Police Station Bahu Fort, in the list of witnesses and he has given satisfaction over the preparation of challan.
However, for the reasons best known to the prosecution it has not examined even one witness in this case despite the fact that many opportunities were granted to produce the witnesses, in a trial against a woman which is continued for more than five years ago. On 17.09.2019, the prosecution was directed to produce all the witnesses on the next date; on 17-10-2019 the prosecution was granted last opportunity to produce witnesses; on 07.11.2019, the prosecution was given last and final opportunity to produce witnesses and the file was kept for today. However, today also the prosecution has not produced any witness in support of the challan and therefore its right to produce witnesses is closed today.
--JNF |
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