Excelsior Correspondent
JAMMU, Oct 13: Principal Sessions Judge Ramban, M A Choudhary has acquitted Gurmeet Singh and Rajvinder Singh, both residents of Simbal Camp, who were facing trial under NDPS Act, as prosecution miserably failed to prove the charges against them.
According to the prosecution case, Gurmeet Singh and Rajvinder Singh were arrested at Bagu Nullah Batote and from oil tanker, they were traveling in, many bags containing poppy straw were found. Accordingly, a case under Section 8/15 NDPS Act was registered against them and after completion of investigation challan was presented in the court of law.
After hearing Public Prosecutor for the State whereas Advocate B S Soodan for the accused persons, Principal Sessions Judge, Ramban observed, “non-citing and non-examination of the independent witnesses despite being their availability is also fatal for the prosecution case. Sham Saroop, who was cited as witness for having photographed the recovery and seizure of the contraband, has resiled from the prosecution story denying that he ever visited the place of occurrence or had taken photographs”.
“Despite declaring him hostile, nothing tangible could be extracted in his cross examination by the prosecution. The investigating officer had stated that FIR, seizure memos and final report were drafted by the Reader but he was neither cited as a witness nor examined to prove any of the documents scribed by him”, the Court further observed, adding “the investigating agency has also not observed the mandatory provisions of Section 57 of NDPS Act”.
With these observations, Court dismissed the challan and acquitted the accused as prosecution miserably failed to bring home the charge against the accused.
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