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| 3rd Additional Sessions Judge Srinagar acquits two accused arrested under NDPS Act | | | Early Times Report
SRINAGAR, June 18: 3rd Additional Sessions Judge Srinagar Sudhir Khajuira while acquitting two accused namely Akhtar Hussain Gosi and Mohammad Akbar Ganie who were facing trial in NDPS Case, observed that the accused were facing trial under the provisions of NDPS Act which itself is very stringent Act. The judge observed that it is a matter of common parlance that stringent law requires stringent proof as well; prosecution has grossly failed to prove the allegations leveled against the accused and as discussed above conviction cannot be based on the basis of half cooked story of the prosecution; story of the prosecution apparently appears to be doubtful.
The Court directed that the accused are in judicial custody in the Central Jail Srinagar as such Superintendent Central Jail, Srinagar is directed to release them henceforth provided they are not required in any case/FIR.
On 22-02-2018 police station Batmaloo had set up a naka near Labour Commissioner office. During checking two persons coming from Mominabad tried to run away on seeing the police party. The Police party tactfully apprehended them on spot. During preliminary enquiry they disclosed their names as Akhtar Hussain Gossi Son of Allah u din Gosi Resident of Eidgah Rajasthan and Mohammad Akbar Ganie son of Abdul Aziz Ganie Resident of Humhama, Kupwara.
The bag of Gossi was searched and the same contained some clothes, walnuts besides two pieces wrapped with polythene which seemed charas like substance. This led to the registration of case FIR No. 31 of 2018 for the offences under sections 8/20, 29 of NDPS Act with Police Station Batmaloo. The contraband on weighing was found 1 kg 600 grams.
From the seized contraband sample was drawn and dispatched to FSL after having been sealed by the Executive Magistrate. Concluding that the offence under sections 8/20, 29 of NDPS Act is made out against the accused, this charge sheet was laid before this Court on 26.04.2018 accordingly. |
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