Excelsior Correspondent
JAMMU, Dec 17: Finding number of discrepancies in the prosecution case coupled with the contradictory statements by witnesses, Principal Sessions Judge Kathua Jaffer Hussain Beg has acquitted a person booked under Narcotics Drugs and Psychotropic Substances Act.
As per the prosecution case, the accused Junaid, son of Ghulam Nabi of Hiranagar was booked by Hiranagar Police for commission of offence under Section 8/20 NDPS Act for having in illegal possession more than one kilograms of charas.
After hearing the public prosecutor and counsel for the accused, the Principal Sessions Judge observed, “prosecution case is that the charas was recovered from the bag carried by the accused and personal search of the accused was also conducted. As recovery is alleged to have been made from the bag which was being carried by the accused and not from his personal search, the compliance of Section 50 was mandatory but the same was not ensured”.
“The option be searched by Gazetted Officer of Police or by a Magistrate put to the accused is also contrary to the provisions of Section 50 of NDPS Act wherein the option to be given to the accused is only Gazetted Officer or the Magistrate. There is no provision of option to be given to the accused for search of Gazetted Officer of the police”, the court said.
In this way undoubtedly when the search of the accused was made, he was not given any option whether he was to be searched before a Gazetted Officer or Magistrate as envisaged by Section 50 and, therefore, there was violation of the provisions of Section 50 of the Act. Hence the accused cannot be convicted, the court further observed.
Despite the presence of a large number of persons on spot as the people were walking on the road and vehicles were plying no civilian was summoned as witness, the court said, adding “the prosecution witnesses examined in the instant case are only police officials and no civilian has been either cited or examined by the prosecution though their presence has been established”.
“The major and material contradiction in the statements of prosecution witnesses vitiates the prosecution case and leads for discrediting the version put forth by the prosecution. These contradictions in the statements of the prosecution witnesses are fatal for the case as held by Supreme Court”, the court said.
“When the prosecution failed to prove its case against the accused person, there is no use to discuss the evidence led by the defence because the prosecution has to stand upon its own legs”, the court said while acquitting the accused and directed that he shall stand released from the custody forthwith.
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