Prosecution failure leads to acquittal of alleged hawala trader

Excelsior Correspondent
JAMMU, Feb 3: Principal Sessions Judge Jammu, Kartar Singh has acquitted alleged hawala trader namely Mohd Israr-ul-Haq alias Haq, son of Bashir Ahmed Zargar of Gandoh as prosecution failed to prove the case.
According to the police case, on August 2, 2009, an information was received in the police post Gujjar Nagar that one person namely Mohd Israr-ul-Haq, son of  Bashir  Ahmed of Neel, who was affiliated to HM outfit and providing hawala money to them in order to boost militancy related activities in the State, had come to Jammu to handover the hawala money to the militants.
Accordingly, Mohd Israr was arrested and after completion of investigation challan was presented in the court of law.
After hearing Advocate Rupak Ratta appearing for the accused, Principal Sessions Judge observed, “the only allegation against the accused is that he was apprehended with Rs 3 lakh hawala money, which he had to distribute among the militants in order to carry out the militancy related activities in the State but  there is absolutely no evidence on record about the recovery of hawala money from the accused and no evidence has been led by the prosecution that the accused was connected in any manner with any militant organization or he received the hawala money from Pakistan”.
“The alleged accused has deposed that he is chemist by profession and had come to Jammu to purchase the medicines but was apprehended by the police. The explanation tendered by the accused appears to be genuine as the prosecution has not led any evidence in order to connect him with the commission of crime in any manner. The mere recovery from the possession of the accused is not sufficient to prove that it was  hawala money which was meant for militants”, the court said.
“There is not even an iota of incriminating evidence against the accused in order to connect him with the commission of the alleged crime and he is therefore, acquitted of the charges framed against him”, the court said.

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