Excelsior Correspondent
JAMMU, Aug 5: Principal Sessions Judge Kathua, M K Hanjura has acquitted three accused namely Narinder Kumar, Subash Singh and Jaffer Ali, who were facing trial in three different cases, as provisions of Section 50 NDPS Act were flouted with impunity.
According to the police case, on July 19, 2004 Jaffer Ali, son of Mangta of Ward No.6, Basohli was held along with 1512 intoxicant capsules. Similarly, on August 5, 2006, Subash Singh, son of Baj Singh of Porkhu was arrested and 800 intoxicant injections were recovered from his possession.
According another case, on March 29, 2005 Kathua Police arrested Narinder Kumar for indulging in sale and purchase of intoxicated capsules. After completion of investigations in these cases, challan was presented in the court of law.
After hearing both the sides, Principal Sessions Judge observed, “the cases have been dragged over a very long period and due to this the right to speedy trial has become causality at every level”, adding “the provisions of Section 50 NDPS Act, have been flouted with impunity. The samples have been sent for chemical analysis after a long delay. Where did the samples remain for a long time remains an unravelled mystery”.
“The communications vide which the samples were sent to the FSL for chemical analysis have not been proved and the seized property has not been identified by the witnesses of the prosecution”, the Court further observed.
With these observations, Court dismissed all the challans and acquitted all the accused facing trial in these three cases.
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