Excelsior Correspondent
JAMMU, Nov 20: The serious contradictions in the version of prosecution witnesses led to the acquittal of accused facing trial in NDPS Act.
After hearing Public Prosecutor Navneet Gupta for the State whereas Advocate P K Jandial for the accused, Principal Sessions Judge Udhampur A K Koul observed, “some prosecution witnesses have stated that all the passengers of the vehicle in which accused were also traveling got down along with their luggage. The accused were found to be in possession of two bags from which poppy straw was recovered”.
“The independent witness Pawan Singh has another story to tell. He says that one of the bags was found with the accused and another was found in the dickey of the vehicle. None of the police official says about the recovery of any bag from the dickey of the vehicle”, the Court said, adding “police officials have consistently stated that the bags were found in possession of the accused. One of the witnesses has even stated that the bags were lying under the seat on which accused were sitting. So these are the material contradictions as the same relate to the recovery, which is essence of the case”.
“None of the passengers in the vehicle has been associated with the investigation and there is no explanation for this lapse. Only the driver and the conductor of the vehicle have been examined. The driver has not supported the case and the conductor has given a statement which is contradicting the version of other witnesses”, the Court said, adding “civilian witnesses/ passengers were present on spot but none was associated with recovery and seizure”.
“The case is simply based on the testimony of police officials and in view of the discrepancies it may not be safe to rely on the testimony of police officials alone”, the Court said while acquitting the accused Navjot Singh of the charges leveled against him and issued General Arrest Warrants against accused Sunil Kumar alias Surjeet Kumar, who is absconding.
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