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| 82 -year- old convicted under NDPS Act | | | EARLY TIMES REPORT
JAMMU, Sept 20 : Third Additional Sessions Judge Jammu Pawan Dev Kotwal today awarded six months rigorous imprisonment and fine Rs 5000/- to one Israil Khan s/o Suleman Khan r/o Damrion Bihar who was arrested by police on January 1, 2010 and recovered Charas in the shape of 18 maize cob leaves of polythene bags and a case u/s 8/15 NDPS Act was registered.
After completion of the investigation challan was presented by police in the Court and court convicted the accused u/s 20 (b) II (A) of NDPS Act.
The court after hearing APP GS Charak and counsels for the accused observed that the accused is about the age of 82 years but at the same time court cannot loose sight of the fact that commercial quantity (One KG and 800 grams) of Charas was recovered from the possession of the accused. The prosecution could not establish the commercial quantity as sample from all the cob leaves except one was not taken and sent for Forensic Examination, but at the same time the sample examined by the Forensic Expert was stated to be 140 grams.
Without clarifying as to whether the weight was along with leaf or material contained in the same exclusively, since both the views are possible as to the quantity under both the categories intermediate or small as per mandate of law.
The benefit of doubt is given to the accused and accordingly he is held guilty of possessing small quantity of contraband. The accused has got benefit because of inefficiency of the investigating officer who failed to take sample from whole of recovered alleged contraband and more particularly to specify the actual weight of the alleged contraband having been forwarded to FSL for examination. With these observations Court six months rigorous imprisonment with fine Rs 5000/-. ---(JNF)
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