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| Charas Smuggler of Rajasthan acquitted on Technical Ground | | |
Jammu, September, 08:- Third Additional Sessions Judge/ Presiding Officer POTA/TADA Jammu, Wani ND acquitted Mohd Zahid s/o Mustafa Ali Khan r/o Ajmair (Rajasthan), who was facing trial in Charas smuggling from 2003.
According to the police case that a police checking party headed by ASI Shams Din apprehended Mohd Zahid while on his way to Railway Station on July 26, 2003 at Railway entry gate, on the search of bag which was carrying by the accused found charas weighing 1Kg 600 gram wrapped in polythene. Out of seized charas, 50 gram was sent to FSL. It was found that 30 gram charas was received by the scientific assistant FSL Jammu.
Wani ND after hearing both the sides and referred various judgments of the High Courts and in case of Bombay High Court Division Bench in which only four gram charas was found only four gram less than the quantity of sample sent to the laboratory which was 20grams, the Division Bench set-aside the conviction. Court referred various judgments of the other High Courts and observed that a very glaring infirmity, which affects the case at its root that contraband, was sent to the FSL after a span of six days without explanation as to why it was retained by the investigating agency with them. The record of the file reveals that contraband was seized on July 26, 2003 and it was sent to FSL on August 2, 2003, which creates a doubt about the credibility of entire prosecution case.
Court further observed that law laid down is clear that authority seizing the contraband has no power to retain the sample with them. Rather it is at once to be sent to FSL for its examination any delay in sending the sample to FSL casts a horrible doubt on the credibility of IO and investigation as a whole. In such circumstances no credence can be given to the statement of the Police Officials. It appears that prosecution has failed to bring home the guilt against the accused, therefore, accused is acquitted.
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