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| Court acquits accused in NDPS Case | | | EARLY TIMES REPORT
Jammu, June-17 (JNF):- The 2nd Additional Sessions Judge Jammu Vinod Chatterji Koul today acquitted Suresh Kumar of Talab Tillo in a case selling charas from his residence as Narcotic Control Bureau failed to comply provisions of NDPS Act.
According to the case NCB on reliable source on October 13, 2001 that Suresh Kumar s/o Lt Chelu Ram resident of Talab Tillo selling charas from his residence and has recently received a consigned. On this information, a team of NCB under the supervision of Ravinder Singh Intelligence Officer along with two independent witnesses searches the house of accused and received 1.700 KG charas. The seizing Officers recorded statement of accused which was according to NCB was voluntarily statement, in which has accused has admitted the recovery of 1.700 KG of Charas and cash of Rs 9150/-. He confessed his crime and admitted that the amount of Rs 9150/- was the sale proceed of the charas. Accused also confessed that he has been selling the charas to the customers in small pack of 1/2 Gram for the more than last 10 months.
The court after hearing both the sides held that the alleged statement of the accused that he was selling the substance in small “puria” does not match with the recovery made from personal search or suit case as the substance recovered from personal search as per Panchnama and a statement of one Arun Kumar the pieces were in the shape cob not in puria was recovered from the alleged accused. The court further said that the NCB while conducting search, seizure and investigation in this case has not strictly followed the provisions of NDPS Act. The strict compliance of the provisions of NDPS Act is mandatory in view of the stringent nature of the act and in view of the said infirmities, charge against the accused cannot be said to have been established and dismissed the complaint filed by the NCB and acquitted the accused after facing trial about 10 years.
JNF/JUNE/17/2011/1
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