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| Court acquitted accused facing trial in NDPS Act as police miserably failed | | | Early Times Report
Jammu, May 7: 2nd Additional Sessions Judge Vinod Chatterji Koul acquitted one Devinder Kumar son of Ashok Kumar of Badyal Brahamana Tehsil RS Pura who was facing trail in NDPS Act from June 2001,as the police miserably failed to prove charges against accused beyond any reasonable doubt.According to police on June 13, 2001 then DySP received information from source that two persons namely Rajesh Kumar and Davinder Kumar involved in business of selling of Buki and both of them are on their way to Jammu for said purpose. On said information DySP along with other police personnel went to Muralia Morh and laid a nakka and started search of vehicle passing through and at about 1 PM a matador bearing registration No.2307/JK-02F which was on its way towards Jammu was carrying accused persons as passengers which was stopped for checking and on their search Buki weighing 220 gms each was recovered from their possession, which was seized by police on spot and a case u/s 20 NDPS Act was registered. Accused Rakesh Kumar died on May 4, 2005 during trail of case. In acquittal judgment 2nd Additional Sessions Judge Vinod Chatterji Koul after hearing both sides observed that from evidence of witnesses which has been produced by prosecution in this case, it is clear that provisions of Sec.50 of NDPS Act have not been complied with, as number of independent witnesses were available on spot, but no one examined by prosecution nor any attempt is seen to have been made by prosecution for production of the same, as such, prosecution has not only violated the provision of the Act, but have also not investigated the case in proper way. When ever and where ever, the independent witness is available, it is the duty of the prosecution to produce the same and only independent witness Harpal Singh produced in this case, but he has not supported the prosecution case. Therefore, in view of the discussion made hereinabove, it is held that prosecution not complied with the Sec.50 of the Act and other relevant provisions which has been held by Supreme Court that provisions of NDPS Act are required to be complied strictly. Therefore, prosecution has miserably failed to prove the charge against accused beyond any reasonable doubt. Accordingly, challan is dismissed and accused is acquitted. His bail bonds are discharged. --JNF
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