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Alleged drug peddler acquitted
12/3/2008 9:52:20 PM
EARLY TIMES REPORT
JAMMU, Dec 3: 2nd Additional Sessions Judge ML Manhas today acquitted one Sukhvinder Singh alias Raju sin of Dalip Singh resident of Shakti chak Kathua, who was arrested by the Gangyal Police on January 11, 2006 for allegedly possessing 800 grams Heroine and 7,750 Gram Opium and directed that the alleged accused who is in the judicial custody should be released forthwith, if not wanted in any other case.
In his 43- page judgment, the 2nd Additional Sessions Judge, after hearing Additional Public Prosecutor Ravinder Sharma appearing for the state and Adv SDS Saini appearing for the accused, observed that the police version has been strongly contradicted and demolished by Rattan Lal constable who was member of the Naka Party. This prosecution witness in cross-examination has not supported the version of the prosecution to the effect that the contraband was recovered from the possession of accused Sukhvinder Singh when the said constable was a member of the Naka Party. His contrary version to the police story totally demolishes the case of police making it doubtful and unworthy of reliance. Court also took the note of delay in sending FIR to Court as the accused was arrested on January 11, 2006 and recovery affected from him as per police story but copy of FIR has been received in the Court of CJM on January 14, 2006 after delay of three days. Regarding the delay in sending sample to FSL, Court also took serious note which for five days remained with the police.
The Judge further observed that Court is of the considered opinion that prosecution has miserably failed to prove charges against the accused for commission of offence U/Ss 18/20 NDPS Act. The challan is rejected and dismissed, accused Sukhvinder Singh is acquitted of the charges leveled against him, and he at present is lying in judicial custody in District Jail Jammu. Court ordered that he shall be released forthwith if not wanted in another case. JNF
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