JAMMU, Aug 13: Principal Sessions Judge Kathua, M K Hanjura has decided two different cases of NDPS and acquitted both the accused namely Sunil Kumar and Ajay Sharma.
According to the police case, Sunil Kumar Sharma, son of Sat Pal of Nagri Badore, was found indulging in the sale and purchase of intoxicating drugs. During investigation the house of the accused was searched. One hundred and sixty five bottles of intoxicant syrup and 150 intoxicant capsules were recovered from his house on July 30, 2005.
According to another case, a police patrol party of Police Station Lakhanpur arrested one Ajay Sharma along with large quantity of intoxicant capsules. After completion of the investigation in both the cases challans were presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “the prosecution has not presented its case in a manner beyond any shadow of doubt. The recovery and the seizure has not been proved. The samples have been sent for chemical analysis after a long delay”.
“Where did the samples remain for such a long time is a mystery that has not been unraveled. The prosecution has failed to connect the accused with the crime. The provisions of the NDPS Act have been given the go-by”, the court observed.
With these observations, Court dismissed both the challans and acquitted the accused.