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| Court acquitted accused Facing Trial for possession of Bhuki | | |
Jammu, September, 30:- First Additional Sessions Judge Jammu Mr. GK Pandita today acquitted after about three year trial and investigation Santokh Singh resident of Dharma Tehsil and District Jallandhar, who was arrested by the police on June 17, 2003, while carrying 10 packets of Bhuki weighing 4.785 KG and a case u/s 15 (b) NDPS Act was registered.
Mr. GK Pandita First Additional Sessions Judge Jammu in the acquittal judgment after hearing APP Mr. Harpal Singh appearing for the state and Advocate BR Chandan appearing for the accused observed that a doubt has also been added to the prosecution story by Mool Raj Scientific Assistant FSL, who has in his statement deposed that samples were sent and each sample carried seals, out of them only three tallied with the specimen seal. This has raised finger of suspicion about the fact, as to whether the samples were the same, which were taken from the seized Bhuki. Similarly, he has in his statement deposed that for determining the nature and characterstic, three tests are required to be done while as he has conducted only one. Moreover he has also deposed that the sample shows only to characterstic of poppy. There is on the file one more report of FSL, which has been produced, this report reveals that there were traces of morphine detected in the samples, sent for chemical examination.
Court after considering both the reports further observed that this has totally contradicted the statement of Mool Raj FSL Expert, in ordinary circumstances, there would be nothing wrong in taking the report of chemical examiner and serologist on record without examining those persons as witnesses. But when there is a difference of opinion in the reports and when even the statement of expert is not convincing, in such a situation it was the duty of prosecution to explain the differences. With these observations Court acquitted the accused by holding that the prosecution has failed in connecting the accused with the commission of offence u/s 15 (b) of the NDPS Act and ordered that accused who was in the judicial lock-up be set free provided he is not involved in any other offence.
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