Excelsior Correspondent
Jammu, Aug 7: Principal Sessions Judge Kathua, M K Hanjura has acquitted two bovine smugglers namely Mir Ali, son of Noor Ahmed and Ghulam Ali, son of Qamar Din as prosecution failed to connect the accused with the commission of the crime.
According to the police case, on February 11, 2007, the accused were apprehended by a police patrol party near Magar Khad, Kathua along with nine buffaloes. A sharp edged weapon was also recovered from the possession of the accused Ghulam Ali. They were spreading religious enmity and hatred by asserting that they will kill all the animals worshipped by the Hindus. Accordingly, a case under Sections 295 A /153 A /34 RPC and 4/25 Arms Act was registered against the accused at Police Station Lakhanpur and after completion of investigation challan was presented in the court.
After hearing Advocate T N Gupta for the accused whereas PP Ravi Kumar Gupta for the State, Principal Sessions Judge Kathua observed, “looking at the instant case from the another angle there is absolutely no violation of the order of the Deputy Commissioner in the case”.
“The accused are alleged to have been apprehended within the territorial limits of district Kathua. They are alleged to have been found carrying animals with them. They are the residents of the Kathua. The order of the Deputy Commissioner only restricts the import and export of the bovine animals to and from the district except under his permission”, the court said, adding “the accused have not imported or exported animals into and from district Kathua even if the prosecution case is taken as correct and, therefore, they have not committed any offence”.
With these observations, Court held that the accused have been put on a leash for too long a time in a case which has absolutely no substance in it. “The prosecution case straightaway merits the acquittal of the accused taking into consideration the fact that the prosecution has failed to connect the accused with the commission of the crime”, the court said while acquitting the accused of the charges leveled against them.
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