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Court acquits man of charges of possessing bhuki
12/2/2010 10:09:16 PM
Early Times Report
JAMMU, Dec 2: Second Additional Sessions Judge Jammu VC Koul acquitted Sanmukh Singh r/o Bandu Rkah Kunjwani, Jammu who was facing Trial under NDPS Act for the last more than 7 years as prosecution failed to prove the charges against the accused.
According to the police case that a police party of P/S Gangyal on June 12, 2003 while on patrolling received information from source that accused Sanmukh Singh who owns a mistry's shop in Bandu Rakh has stored Bhuki in his shop which he selling to the people. On this information the police party went to the shop of the accused and recovered about 2 KG Bhuki out the said recovered bukhi 250 gram was taken as sample which was sent to FSL and after obtaining the report a case u/s 15 of NDPS was registered against the accused. After completion of investigation presented challan in the Court.
The court after hearing both the sides observed that as per the prosecution case, the Bhuki was seized on June 12, 2003 but he has been forwarded to FSL on June 17, 2003, there is thus delay in sending the material to FSL which was required to be sent immediately after seizure. As per the police, the sample of 250 grams was forwarded to FSL for analysis, the weight of sample which was examined by the FSL was 150 gram and referred various judgments of Supreme Court regarding the samples received by the FSL and observed that the prosecution has failed to prove the charge against the accused beyond reasonable doubt as such the challan is dismissed and accused is acquitted from the charges leveled against him.
--JNF
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