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| Court acquits alleged charas smuggler as prosecution witnesses contradicted each-other | | | Early Times Report
Jammu, July 26 (JNF):- Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal today acquitted Surjeet Singh s/o Buta Singh R/o Kalron Tehsil Samana Mandi, Patiala, Punjab who was facing trial in NDPS Case, as the prosecution witnesses contradicted each-other.
According to the police case that May 12, 2007 an information was received from reliable resources that accused deals in selling of charas and on that relevant day he is still in possession of charas. On this, FIR was registered and at Indra chowk accused was searched and from his possession 450 gms of charas was recovered. Out of this, 100 gms of charas was separated and sent for chemical examination to the FSL.
Thereafter, report of FSL received and on the basis of this report, police registered case, commenced the investigation thereupon, which finally culminated into presentment of the present challan u/s 20/21 NDPS Act against the accused and made him to stand trial.
Principal Sessions Judge Jammu Jang Bhadur Singh Jamwal after hearing both the sides observed that Court is satisfied that prosecution has violated the mandatory provisions which are required to be complied with and there are lot of contradictions in the statements of various prosecution witnesses and lot of discrepancies also.
Prosecution witnesses Raj Kumar and Bodh Raj both are civilian and both have stated that police has taken their weighing scale for weighing the charas but their statement has not been recorded by police whereas only their signatures are obtained on papers. They are declared hostile by PP. Prosecution witness Om Parkash Constable has tried to support the prosecution case but his version is absolute opposite the story of prosecution on searching and seizure memo.
As per the prosecution story police received an information about accused and laid a nakka to nab him, but prosecution witness Om Parkash a active member of the nakka team stays that nakka was laid on a routine basis.
Prosecution witnesses Surinder Lal Naib Tehsildar and Rohit Koul Asstt Scientific Officer are formal in nature. Witnesses produced by prosecution have contradicted with each other and have not tendered any evidence supporting the version of prosecution and does not inspire confidence.
The discrepancies and contradictions referred thereto pertain to the core of the case and material cannot be ignored.
Hence, for the reasons I have discussed above and the facts that prosecution has utterly failed to bring the guilt of the accused to home. Accused is therefore, acquitted of the charge. |
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