Prosecution failure leads to acquittal of two women

Excelsior Correspondent
JAMMU, Feb 23: Principal Sessions Judge Udhampur, A K Koul has acquitted Sarbjeet Kour, wife of Roop Lal of Hoshiarpur and Malkeeto, wife of Chaman Lal of Jallandhar, who were facing trial in smuggling of poppy straw.
These women were arrested on July 5, 2009 along with more than one kilograms of poppy straw while travelling in a bus bearing registration number JK02U/9947 Srinagar to Jammu.
After hearing Public Prosecutor for the State whereas Advocate Shamim Ahmed appearing for the accused persons, Principal Sessions Judge took serious note of the investigating agency and observed that the important witnesses have not been examined in the case.
“The Magistrate who had re-sealed the sample packets, the FSL expert and the investigating officer have also not deposed though their testimony was material for both sides. Suppression of material evidence gives rise to an inference that had such witnesses been examined they would have not supported the prosecution story”, the Court said, adding “it appears that the instant case has not been dealt with seriously by the investigating agency. There are serious lapses in the process of investigation and the investigating officer has not bothered to depose as a witness in the case. He has probably felt content with filing of the charge sheet in the court but then his duty does not end there. He was supposed to peruse the case till last to ensure a positive conclusion”.
With these observations, the court acquitted the accused of the charges.

LEAVE A REPLY

Please enter your comment!
Please enter your name here