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| Four accused booked for narcotics smuggling acquitted after 19 yrs of trial | | |
Jammu, May-09
Principal Sessions Judge Jammu S S Sarangal acquitted Swarn Lal, Som Nath, Rajesh Kumar and Sudesh Kumar who are facing trial in allegedly smuggling of 76 KG heroine worth Rs 76 crores in the international market after facing 19 years of trial.
According to the case during the intervening night of 12/13 July 1990 on the information that contraband drug has been smuggled from Pakistan, the Custom Officials laid a joint Naka with the assistance of BSF personals near Agra Chak R S Pura.
The FIR says -At about 0300 hours suspicious moments of two accused persons were observed and when challenged the accused persons managed to escape under the cover of darkness, the Naka party searched the area and two bags containing 58 KG of heroine were recovered and seized. Thereafter on September 23, 1990 found 19 packets weighing about 18 kgs hidden under a defence bunker. During the investigation the department arrested Swarn Lal, Som Nath, Rajesh Kumar, Sudesh Kumar while Des Raj and Darhan Singh were discharged vide order August 20, 2002 whereas Naresh Kumar alias Kala died during the trial. After completion of the investigation challan was presented in the Court of law.
Principal Sessions Judge Jammu SS Sarangal after hearing Special Public Prosecutor for the Custom and Adv BB Kotwal for the accused and considered the case of the prosecution and statements of the witnesses produced by the prosecution and also referred a judgment of State High Court observed that in the judgment of the state high court it is evident that non association of independent witnesses with the investigation and citing of interesting witnesses on the seizure memo is fatal for the prosecution and is an omission on the part of the investigating agency.
In the 40 pages judgment Principal Sessions Judge Jammu SS Sarangal further observed that the prosecution has failed to prove the guilt of the accused persons beyond any reasonable doubt and acquitted of the charges leveled against the four accused. Seized contraband in the case shall be destroyed in presence of Chief Judicial Magistrate Jammu after the expiry of period of appeal, Court ordered. JNF
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