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| HC sets-aside conviction in NDPS Act | | | Early Times Report
JAMMU, Mar 3: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court (Srinagar Wing) has set-conviction Abdul Hamid Bhat who was awarded 10 years RI and Fine Rs 1 lac by the Principal Sessions Judge Pulwama in NDPS Case.
As per prosecution case, on 07.08.2018, an information was received in Police Station, Kakapora, from reliable sources that the appellant/accused has concealed a large quantity of contraband substance, namely, Cannabis leaves, in his residential house located at Village Lelhar and that the appellant indulges in illicit trade of the said contraband substance, as a result of which youth of the area have fallen prey to the drug addiction and the people of the area are agitated about it.
While setting-aside the conviction, Justice Sanjay Dhar observed that it is clear that in the instant case, the Investigating Agency has violated the mandate of Section 42 of the NDPS Act. Besides this, the evidence as regards the search, seizure and sealing of the contraband is contradictory in nature. The prosecution has also failed to establish safe custody of the samples. These circumstances along with the circumstance that the complainant in this case happens to be the Investigating Officer of the case as well and no independent witness despite availability of such witnesses on spot, has been associated in the process, makes the case of the prosecution unreliable. The impugned judgment of conviction passed by the trial court in these circumstances cannot be sustained and is liable to be set aside. Accordingly, the appeal is allowed and the impugned judgment of conviction and the order of sentence are set aside. The appellant is directed to be released from the custody. —JNF |
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