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| Court acquits `heroine’ smuggler | | | EARLY TIMES REPORT
Jammu, March-06:- The 2nd Additional Sessions Judge Jammu VC Koul has acquitted Ashok Kumar r/o Badgal Tehsil Akhnoor who was facing trial in heroine smuggling case along with Balwant Raj (who was declared absconder). The acquittal came after ten years as police and NCB fails to prove its case.
According to the police case on June 5, 2000 on a report, the police and NCB team jointly laid Naka at Panama Chowk at 7:00 PM, three persons were found traveling on a scooter which was without registration No was stooped and two persons who were pillion riders were brought down for search whereas the person driving the scooter fled away. On enquiry they disclosed their names and Balwant Raj, they were carrying a bag in which more than One KG heroine (International Market Rate is One Crore for One KG) was recovered from their possession and a case u/s 21/29 NDPS Act was registered and after completion of the investigation challan was presented against the accused persons on July 21, 2000. During the Trial accused Balwant Raj was absconder and General Arrests Warrant’s u/s 512 CrPC issued against him.
The court after hearing the parties referred various judgments of Supreme Court observed that non-association of public witnesses in the case itself creates doubt in the prosecution story and also contradiction in the statement of the prosecution witnesses. It is held that material contradictions with regard to material aspects of the case and also mandatory provisions of the NDPS Act particularly section 42 of the NDPS Act have not been followed. The police and NCB who jointly laid Naka and arrested the accused persons and recovered the heroine from their possession, failed to prove the charge against the accused behind reasonable doubt as such accused is acquitted of the charges. The challan be consigned to records and shall be recalled as and when warrant of arrest issued u/s 512 CrPC against accused Balwant Raj is executed and he produced before the Court. JNF
JNF/MARCH/06/2011/1
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