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| Court acquits 2 accused as prosecution fails to prove guilt | | | EARLY TIMES REPORT
Jammu, Apr 09- The 3rd Additional Sessions Judge Jammu RS Jain today acquitted Kulwant Singh resident of Pulwama and Swarn Singh of Baramulla as the prosecution failed to prove the guilt of the accused. The police claimed to have recovered 174KG 500 gram Poppy Straw from the accused who were booked u/s 8/15/18 NDPS Act.
The 3rd Additional Sessions Judge, after hearing both the sides, observed that facts and circumstances of the case and the evidence produced by the prosecution, it is evident that there are number of contradictions of the witnesses examined by the prosecution and violation of the mandatory procedural provisions to be adhered to by the Investigating Officer provided by the NDPS Act. The Court further observed that no independent witnesses have been examined by the prosecution even though civilian witnesses were present on spot. In the present case, Court is of the view that the prosecution has failed to prove the guilt of accused behind reasonable doubt and clear evidence as such accused Kulwant Singh and Swarn Singh are acquitted from the charges leveled against them.
According to the prosecution case on September 10, 2006, the police party who were on Patrol Duty found two Sikh persons sitting on bags and on checking the bags found poppy straw in their possession for illegal use. Accordingly FIR was registered for the offence u/s 8/15/18 NDPS. During the investigation the bag recovered from Kulwant Singh were found to contain 98 KG of poppy straw and the bags recovered from Swarn Singh found to contain 85 KG 500 gram poppy straw and total weight was 174 KG 500 grams. After completion of the investigation the challan was presented in the Court of law. JNF
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