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| Court acquits alleged Charas smugglers | | | Early Times Report
Jammu, Aug 27- Acquitting the alleged charges smugglers from the charges leveled against them, the 2nd Additional Sessions Judge Jammu Vinod Chatterji Koul has observed that the prosecution has not been able to prove its case beyond reasonable doubt.
Manoj Kumar and Inderji Bhat presently resident of Muthi Camp Jammu were arrested by police during the Naka on March 11, 2003 and recovered 360 gram and 570 grams of Charas.
While acquitting the accused persons after hearing Additional Public Prosecutor for the State and Advocate SS Chadha for the accused persons, Additional Sessions Judge further observed that the prosecution has not explained the delay in sending samples to the FSL. The sample was sent to FSL on March 25, 2003 after about 14 days. The possibility of tempering with the contents of sample parcels during these 14 days cannot be ruled out. According to the FSL witness, he received two samples, one weighing 50 grams and other 64 grams which shows that there is difference in weight of sample sent to FSL and weights of sample received in FSL. This again is a serious omission in view of law laid down by the Apex Court. As per the police case out of charas recovered 100 grams of charas was taken from each packet and sent to FSL for examination.
Court observed that the prosecution has not been able to prove its case against the accused beyond reasonable doubts and accordingly this challan is dismissed and accused are acquitted of the charges leveled against them and they are released of their bail and personal bonds. JNF
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