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| Prosecution took 12 yrs to produce its evidence | | Court acquits 2 accused facing trials under NDPS Act | |
Early Times Report
Jammu, Mar 28- Acquitting Mohammed Akram Bhat son of Ghulam Rasool Bhat of Qazigund and Nazir Ahmed Bhat son of Abdul Rehman Bhat of Pinglen who were arrested by the police on January 30, 1997 for possessing 95 kg post powder, Principal Sessions Judge, Jammu S S Sarangal observed that it is evident that prosecution has examined Sob Chand, Ghulam Nabi and Om Parkash Dy SP and there are major contradictions between the statement of Sob Chand and Dy SP, there is no corroboration between the statement of these two witnesses as such there statements are not trustworthy. The important witness Kartar Chand SI and two constables namely Mohinder Singh, Bashir Ahmed and Nirjan Nath HC and Vijay Kumar have been given up by the prosecution. In this case accused was charged on March 22, 1997 and prosecution was directed to adduce its witnesses. It is worthwhile to mention here that prosecution took 12 years to produce its evidence. Even then prosecution has not been able to establish the case against the accused beyond reasonable doubt and as such the benefit of doubt is given to the accused and they are acquitted of the charges leveled against them.
According to the prosecution story that on January 30, 1997 police party headed by SDPO Bakshi Nagar Jammu had laid a Naka at Tali Morh Janipur, at about 8.45 PM and intercepted an auto which was being driven by one Vijay Kumar. On checking by the police found two persons namely Mohammed Akram Bhat and Nazir Ahmed Bhat were sitting in the said Auto. They were in possession of ‘Bistar Bandh’. On searching the bistar bond of both the accused, police recovered a plastic bag from each bistar bandh which were full with post powder. One polythene bag containing 48 kg of post powder was recovered from the possession Mohammed Akram Bhat whereas from the possession of Mohammed Nazir Bhat 47 kg of post powder was recovered. After completion of the investigation challan was presented in the Court of law.
Principal Sessions Judge, after hearing Public Prosecutor EA Tak for the State and Advocate PN Bhat for the accused, further observed that prosecution has not been able to examine the important witness namely Niranjan Nath (Head Constable). This witness has allegedly prepared the seizure memo of the contraband and he was also the member of the Naka party but the prosecution has not found it proper to examine him in the court. Furthermore another witness namely Vijay Kumar who was the independent witness of the seizure memo has also not been examined by the prosecution and he has also been given-up by the prosecution. In this way two witnesses have been left by the prosecution which casts doubt on the prosecution story. Another three witnesses namely Mohinder Singh Constable, Bashir Ahmed constable and Kartar Chand SI who was the IO of the case have not been produced by the prosecution. JNF
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