Excelsior Correspondent
JAMMU, July 9: Principal Sessions Judge Udhampur, A K Koul today acquitted Zahoor Ahmad and Shameema Bano, who were facing trial in charas smuggling case, as prosecution miserably failed to prove its case.
The accused were arrested on October 6, 2007 at Kud along with two bags each containing 950 grams of charas. Accordingly, investigation was conducted into the case and charge sheet was presented under Section 8/20 NDPSA.
After hearing Advocate Ranjeev Dubey appearing for the accused persons whereas Public Prosecutor Navneet Gupta for the State, Principal Sessions Judge observed, “after going through the case the only conclusion that emerges is that the prosecution case has become a causality of the lapses committed by the Investigating Officer as well as the prosecution”.
“The evidence on record is not of any worth which could even remotely connect the accused with the guilt. Realities and truth apart suspicious never take the place of proof. Accused cannot be held guilty on the basis of evidence on record more particularly because of serious lapses committed during investigation and non production of important witnesses at trial”, the Court further observed.
“The prosecution appears to have miserably failed to prove the charge against the accused, who have faced the trial for about five and half years. Entire exercise conducted has ended in futility and this is one more failure on the part of the police agency to ensure proper investigation. Police officers/officials have not found time to depose even though trial was going on for more than four years. After all who is accountable for all this? We have to spare some time to address these issues which result in loss of time and energy and above all reflect on the working of agencies who deal with such matters at different stages”, Principal Sessions Judge said.
Accordingly, the case was dismissed and the accused persons were acquitted.
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