EARLY TIMES REPORT
JAMMU, Jan 16: 2nd Additional Sessions Judge Jammu Virender Singh Bhou acquitted Sunny Khajuria in NDPS Case as there is sheer violation of mandatory provisions of section 42 and 50 of the NDPS Act, which affect the truthfulness of the prosecution case. Briefly stated the case of the prosecution is that on 24.11.2017, ASI Nissar Hussain No. 825782- EXJ had laid a naka at Camp Ismailpur Seora, from where he had written a docket that he along with Head Constable Sheetal Kumar 2003/J, Rajeev Singh 1931/J SCT Sudesh Kumar 1357/J SPO Joginder Singh 555/J Munish Kumar SPO 334/J, SPO Baljeet Singh 542/J had laid naka at Ismailpur Seora and were checking the vehicles, while checking at about 09:30 am, one car bearing registration no. JK08E-0360 came from Ismailpur Seora which was going towards Jammu and on being stopped for checking and during checking, beneath seat of the driver, one white colour bag in which one polythene was kept which was containing Heroin like substance was recovered. During enquiry, the driver of the vehicle disclosed his name as Sunny Kumar S/o Hans Raj R/o Ismailpur Seora, Tehsil Bishnah Jammu and the same was kept by him for selling purpose and as such he had committed offences under section 08/21/22 NDPS Act and thereafter a docket was written and same was sent through SGCT, Rajeev Singh No 1931/J to Police Station Gangyal, for lodging FIR and on the basis of the said written docket, formal FIR No. 89/2017 for the commission of offences under sections 08/21/22 NDPS Act stood registered in Police Station Gangyal, Jammu and the investigation of the case was entrusted to SI Nayat Ali, who went to the spot, prepared the site plan of the place of the occurrence, took the photographs of the place of the occurrence by mobile phone of SGCT, Rajeev Singh, seized five packets of Heroin along with the car, the weight of the recovered heroin was conducted through shopkeeper and the same came to be five Kg, having one kg in each packet.
2nd Additional Sessions Judge Jammu Virender Singh Bhou after hearing Advs Prince Khanna and Summit Khajuria for the accused observed that , this court have no hesitation to hold that prosecution has miserably failed to prove the charges for the commission of the alleged offence against the accused Sunny Khajuria beyond reasonable shadow of doubt. The benefit of doubt goes to the accused. The Challan, as such, fails and it is accordingly dismissed and accused is acquitted of the charges for alleged offences and he be set free forthwith by the concerned jail authorities, if not required in any other case. --JNF
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