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| Court acquits accused facing trial in NDPS Act after 11 years | | |
Jammu, Nov 29
First Additional Sessions Judge Jammu GK Pandita today acquitted Parvez Ahmed s/o Allah Ditta r/o Lakkar Mandi Jammu, who was facing trial in Narcotics Drugs and Psychotropic Substances Act for the last more than 11 years. He was caught by the Bahu-Fort police on April 14, 1995 and recovered 250 Gram of Charas from his possession..
According to the police case on April 14, 1995 patrolling party of the police station Bahu-Fort headed by its SHO received information at about 3:30 PM that two persons have come in the Transport Nagar area for sale of Charas, which is in their possession. This information was flashed by him on wireless to SDPO Gandhi Nagar, who also joined the SHO and raid was conducted in the Transport Nagar and two persons namely Mohd Yousaf and Pervaz Ahmed were caught on spot and on search of Mohd Yousaf two kilogram of Charas was recovered and from the possession of Pervaz Ahmed 250 Gram of Charas was recovered and a case was registered u/s 20/23/29 NDPS Act. Accused Mohd Yousaf has been declared absconder and proceedings u/s 512 CrPC initiated against him.
In the acquittal judgment GK Pandita after hearing Additional Public Prosecutor for the State and Adv SS Chadha appearing for the accused Parvez Ahmed observed that APP submitted that case is proved against the accused and prayed for conviction u/s 20 NDPS Act. On the other hand Adv SS Chadha appearing for the accused submitted that the area where the accused are alleged to have been caught and arrested is a public place; there were truck drivers, shopkeepers and other people at the time of occurrence. But none of the witness of the area has been associated with the seizure and search. According to the advocate of the accused that it was obligatory for the IO, Searching officer to associate an independent witness as the alleged place of occurrence is a public place. Court further said that as per FIR the occurrence has taken place at about 4:00 PM which is the peal hours for the moment of civilians in the month of April, not associating a civilian in seizure has caused a serious doubt about the truthfulness of the prosecution story regarding the search and seizure of charas from the accused at the alleged place of occurrence. Court appreciated the argument of the counsel of the accused and further said “I am supported in my observation by the law laid down by the Supreme Court. This lapse on the part of IO searching officer though alone is not fatal but considering the other lacunas, which are to be discussed here in after become significant and raise doubts about the truthfulness of prosecution story. Court is of the opinion that prosecution has failed in connecting accused Parvez Ahmed with the commission of offence u/s 20 of the NDPS Act, he is acquitted. Since accused Mohd Yousaf has been declared absconder, therefore, no finding can be returned against him at this stage.
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