Excelsior Correspondent
JAMMU, Mar 31: Principal Sessions Judge Kathua, M K Hanjura has acquitted one Surinder Kumar, son of Romesh Kumar of Pathankote, who was allegedly nabbed with 119 bottles and 3950 capsules of intoxicants as the prosecution evidence was full of the contradiction.
According to the police case, on March 28, 2008 the accused, on seeing a police patrol party at Nagri Kathua, run away after throwing a bag. The police authorities chased and apprehended him. From the bag police recovered intoxicant syrup and capsules. Accordingly, he was booked under NDPSA and after completion of investigation challan was presented in the court of law.
After hearing Advocate A Slathia appearing for the accused whereas Public Prosecutor Ravi Kumar appearing for the State, Principal Sessions Judge observed, “one wonders to know where the memo of seizure of the contraband was made by the police authorities. Is it at the place where the accused was spotted or at the Police Post. Both these versions have come forward in the statements of the witnesses examined by the prosecution. Not only this there is also contradiction in the statements of the witnesses as far as the place of the recovery of the bag is concerned”.
“Some of the witnesses have stated the accused threw the bag on the spot and broke into the a run whereas the officer heading the police party namely Suraj Pathania has stated in his cross examination that the accused fled away along with the bag. The statement of this witness demolishes the prosecution structure as he has stated that he does not know who opened the bag. He does not know who counted the drugs. He does not know who took out the drugs from the bag”, the Court said.
“The prosecution has not presented its case in a manner beyond any shadow of doubt. The recovery and seizure has not been proved. The sample has been sent for chemical analysis after a huge delay. It has been resealed after about a month. Where did the sample remain for such a long time is a mystery that has not been unraveled”, the Court said.
With these observations, Court acquitted the accused of the charges leveled against him.
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