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Court dismisses police challan prepared on mere presumption

Excelsior Correspondent

JAMMU, Jan 1: Sub-Judge/Judicial Magistrate 1st Class Chadoora, Rajesh Kumar ID Abrol has discharged two persons who were booked by the Police under Essential Commodities Act.
According to the police case, two persons namely Farooq Ahmad Bhat, son of Abdul Aziz Bhat of Pampore and Manzoor Ahmad Khan, son of Mohd Subhan of Lasjan were arrested when they were transporting 6 barrels of kerosene oil in a truck on December 15, 2014.
After considering the arguments put-forth by both the parties, the Sub-Judge/Judicial Magistrate 1st Class Chadoora observed, “as per the allegations leveled by the police, the accused persons were not apprehended at the scene of occurrence while selling the kerosene oil or while committing any offence but they were caught on mere presumption and assumption borne by the police in their mind”, adding “the allegations against the accused is merely that they were carrying the kerosene oil without supply order”.
Stating that police has done wrong in framing challan against the accused persons, the court said, “according to the record produced by the counsel for the accused Assistant Director CAPD Pulwama had allotted 1905 litres of kerosene oil in the name of mother of one of the accused and that quantity of oil was being carried”.
“In my considered opinion, no charge can be framed on accused on mere presumption held by the police. Since the mother of one of the accused was holding the valid supply order issued by Assistant Director CAPD, no charge can be framed against the accused persons”, the Sub-Judge said while discharging the accused and dismissing the challan.

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