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| Booked for drug peddling, 80-yr old man, wife walk free after 12-yr trial | | | Early Times Report
Jammu, Feb 23: An octogenarian man and his septuagenarian wife facing charges of drug peddling were saved from the ten years prison by intervention of the High Court almost 12 years after they were booked by the Police and put to a prolonged trial.
Justice Virender Singh of J&K High Court Jammu Wing allowed an appeal filed by Sudarshan Bakaya age 80 years and his wife Pushpa Devi aged 70 years who were convicted under the Narcotic Drugs & Psychotropic substances Act to undergo rigorous imprisonment for 10 years and fine Rs 1 lac each, acquitted them of the charges and set-aside the judgment impugned with the direction to release the accused persons from the custody if not required in any other case.
According to the prosecution case that on September 15, 1997 then DySP Bakshi Nagar Range Mohd Hussain Malik was on patrol duty received an information that both the accused who used to indulge in purchase and sale of charas raided the house of the accused and recovered 1kg and 50 gram charas kept in the polythene from the bed of the accused and fifty grams of charas was sent to FSL and after completion of the investigation challan was presented in the Court of Law u/s 20 of NDPS Act. Trial Court convicted and sentenced both the accused on July 29, 2004 against the judgment of the Trial Court present appeal was filed in the state High Court.
Before parting the judgment Justice Virender Singh make certain suggestions with regard to some of the safe-guards to be adopted by the Investigating Agency dealing with the case under the Act. Link evidence undoubtedly, plays a vital role. Any material lapse on the part of the prosecution on this Count is being taken seriously by the Courts as it is duty of the prosecution to prove that the sample remained intact right from inception of the proceedings till its deposit with the chemical examiner. In most of the cases, it is noticed that the accused are benefited on account of certain lapses committed by the Investigating Agency. Therefore, it is very important that the police official handling the case under the Act, should be made aware of the all the important safe-guards to be followed strictly, may be, by imparting required training. Narcotic Control Bureau (NCB) Officials should also keep a note of it. No doubt this all exercise is time consuming, but legislative intend should not be surpassed by evolving easy methods. A sincere efforts made in this regard would certainly bring fruitful output and the act will be able to achieve its goal to a great extent.
Justice Virender Singh after hearing Sr. Adv Sunil Sethi assisted by Adv Vishal Mahajan for the petitioners/ accused and Additional Advocate General Mr. PC Sharma appearing for the state and also gone through the Trial Court record observed that the stringent provision is provided under the Act where the sentence is very severe. It cannot be less that 10 years RI and fine Rs 1 lac. Therefore, it is the duty of the Court to insist for the standard of proof beyond shadow of all reasonable doubt against the accused and to see that the investigation is not faulty at the any stage. The investigation in this case is very week on vital issues. Sr. Adv Sunil Sethi has also pointed out certain discrepancies in the statement of witnesses produced by the prosecution with regard to the presence of accused Pushpa Devi at the spot, but the Court do not feel the necessity delving deep into this aspects as Court doubting the case of the prosecution as it is on weaknesses in it. Prosecution has not been able prove the recovery of the Charas from the house of accused persons as alleged and by the benefit doubt, Court acquitted them of the charges framed against them. The judgment impugned is thus set-aside and appeal is allowed. Both the accused are stated to be in custody and they shall now be released forthwith if not required in any other case, Court said. JNF
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