Excelsior Correspondent
JAMMU, July 26: Principal Sessions Judge Jammu Rakesh Sagar Jain has acquitted Ranjit Kumar, Rakesh Kumar and Akhtar Rasool from whom 10 kilograms of heroin was recovered as the prosecution witnesses contradicted each other on material points which made their testimony unreliable.
After hearing Public Prosecutor Shabir Choudhary for the State whereas Advocate Prince Khanna for the accused persons, Principal Sessions Judge observed, “the testimonies of the witnesses examined by the prosecution reveal a number of contradictions and non-observance of the mandatory provisions of the NDPS Act during the investigation”.
“The contention of counsel for the accused is that the mandatory provisions of the NDPS Act have not been followed by the IO which keeping in view the stringent punishment prescribed in the NDPS Act, were to be observed by the IO”, the court said, adding “in such a situation the benefit of doubt is to be given to the accused as it is a settled principle of law that prosecution is under an obligation of proving the guilt of accused beyond reasonable doubts by cogent and clear evidence”.
“In the present case, the prosecution witnesses contradict each other on material points which make their testimony unreliable and there is non-observance of the provisions of the NDPS Act by the investigating agency”, the court said. With these observations, court acquitted the accused namely Ranjit Kumar, Rakesh Kumar and Rasool Akhtar.
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