Excelsior Correspondent
Srinagar, Apr 10: Observing that the prosecution has not been able to convince the court about the acquittal of drug peddler by trial court is perverse, High Court has dismissed the appeal of prosecution for being without merit.
Justice Rajnesh Oswal said, the prosecution has failed to persuade the court that the opinion of the trial court while acquitting the accused involved in drug trafficking is perverse and contrary to the facts as led by the prosecution during trial of the case and with that result dismissed the instant appeal.
The appeal was filed against the judgment of Principal Sessions Judge Pulwama whereby two accused namely Ahad Dar and Sara of Pulwama were acquitted from the charges for commissions of offences under NDPS Act registered with the police station Pulwama in 2007.
The prosecution case set up before the court was on the ground that the judgment of trial court is against the law and facts of the case as the prosecution had proved before the trial court the case beyond any doubt but despite that the tail court has acquitted both the accused.
Justice Oswal expressed in the decision that no doubt the powers of the appellate court in appeal against the acquittal are no less than an appeal against conviction but where on the basis of evidence on record, two views are reasonable possible, the appellate court cannot substitute its view in place of that of the trial court.
“It is only when the approach of the trial court in acquitting the accused is found to be clearly erroneous in its consideration of evidence on record and in deducing conclusion there from, the appellate court can interfere with the order of acquittal”, Justice Oswal said.
Court while going through the trial court judgment said the finding recorded by the trail court can neither be termed as perverse, contrary to the evidence nor erroneous as such no case is made out.
Both accused as per FIR were held along with two polythene envelopes carrying charas and after initiating investigation it was found that the contraband substance was weighing 5 Kg in total from both the accused and accordingly samples were sent for FSL.
But after the closure of evidence, the accused were examined under Section 342 CrPC and they denied that any contraband was recovered from them. Court also said that there is delay in sending samples to FSL and all these aspects were required to be explained by the IO who is the most material witness in cases particularly in NDPS cases.
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