Excelsior Correspondent
JAMMU, Apr 10: Principal Sessions Judge Kathua, M K Hanjura today acquitted Ashok Kumar, son of Ramesh Kumar of Sunder Chak, Pathankot, who was facing trial under NDPS Act for the last 8 years. The Court also directed SSP Kathua to consider holding of enquiry against the erring officials either by himself or by an officer of rank of DySP.
According to the police case, on July 26, 2005 the accused was arrested along with 360 intoxicant capsules and accordingly a case was registered against him. After completion of investigation challan was presented in the Court.
After hearing Public Prosecutor Ravi Kumar Gupta for the State whereas Advocate Sham Saroop for the accused, Principal Sessions Judge observed, “the prosecution has not presented its case in a proper manner. The recovery and the seizure has not been proved. The prosecution has failed to connect the accused with the crime he has been charged with”.
With these observations, the Court acquitted the accused of the charges leveled against him and took serious note of non-production of the seized capsules before the court for the identification of the witnesses.
“The plea or pretext of these having allegedly been damaged due to rains raises a serious question that compels and warrants a thorough and intensive probe. One of the witnesses examined in the year 2007 has stated that he has identified the seized capsules in the court while as the other witnesses have either stated that these were only fifty in number or that these have perished and disappeared on account of rains”, the Court observed.
“It was the duty and inescapable responsibility of the Incharge Malkhana or the prosecution to communicate to the court with tangible proof that the capsules had really been damaged with some material proof in the form of the damaged remnants. This has not been done. Whether the capsules were actually damaged or more probably removed clandestinely from the Malkhana requires a thorough inquiry”, the Court further said.
“A copy of the Judgment shall be sent to the District SSP for his consideration whether an enquiry and registration of the case against the erring officials will be in place. The enquiry if decided to be held may be conducted by the District SSP either on his own or by an officer of rank of DySP”, the Court said.
Trending Now
E-Paper
Follow our WhatsApp channel