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| Court acquits couple facing trial in NDPS Act | | | EARLY TIMES REPORT
JAMMU, Oct 29: The Second Additional Sessions Judge Jammu. VC Koul has acquitted Virender Singh and his wife Kamaljeet Kour resident of Simbal facing trial U/Ss 8/15 NDPS Act 6/13 DCO, 4/25 Arms Act r/w section 353 RPC.
According to the prosecution on receiving the information while the police was on patrolling towards Simbal Camp at 8:00 PM, the patrolling party reached Matador stand received information through reliable source that accused and dealing with sale of Bhuki in the house. The Incharge Patrolling party informed and requested SDPO and SDM to come on spot and in the meanwhile they went to apprehend accused Virender Singh who tried to run away in his car and as soon he saw them, he left the car and ran away. The police party conducted search of car, police party found Bukhi, parvanspas capsules, Spasmo Proxvon capsules and one box containing rexicof botlles and also two Tokas and one Kirch. In the meanwhile accused Kamaljeet Kour attacked police party with kirch who was taken into custody on spot. Accused in his statement denied that the allegations leveled against him and he has been falsely implicated on account of complaint filed against the IO Harjeet Singh by him. Accused did not produce any evidence.
The court while acquitting the accused from the charges on carefully scanning the evidence on record, it is found that there are material contradictions with regard to the material facts. It is also established that accused had filed a complaint against SHO/IO Concerned which was under investigation and it was not proper for SHO to conduct investigation in this case as the circumstances is always apprehension implication of the accused in false case. The way in which the search has been conducted raises doubt about the story of prosecution. In such situation it is not safe to rely upon the evidence which appears to be doubtful. The prosecution has miserably failed in proving the charge framed against the accused beyond any reasonable doubt entitling the accused to acquittal and as such the accused are acquitted from the charges leveled against them. The accused shall be released from custody forthwith if not required in any other case, Court directed. JNF.
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