Excelsior Correspondent
SRINAGAR, Mar 1: The trial court has rapped the prosecution for handling the case of drug trafficking under Narcotic Drugs and Psychotropic Substances (NDPS) Act which has led to the acquittal of the accused by recording that the Investigating Officer has not followed the procedural requirements after seizure of contraband substance from the accused and violated all the requirements and safeguards provided under the Act.
The Court of Additional Sessions Judge Srinagar presided by Ajay Kumar Gupta while acquitting the accused Imtiyaz Ahmad Dar of Ludermud Pulwama from the charges for commission of offences under NDPS Act said, the whole case of the prosecution, becomes doubtful and the court has no hesitation to hold that there is sheer violation of the mandatory provisions of Section 42, 52, 55 and 57 of the NDPS Act besides the evidence of prosecution on record is contradictory.
Court recorded that on the basis of the contradictory evidence as adduced by the prosecution which is so weak and fragile that the accused cannot be convicted on its basis. “It can safely be held that the prosecution has not been able to prove the guilt of the accused beyond any reasonable shadow of doubt for the commission of offences U/S 8/20 NDPS Act”, court said in its 74 page elaborated judgment
“Therefore, the accused-Dar is acquitted of the charges leveled against him for the commission of offences U/S 8/20 NDPS Act. The accused and the surety shall stand discharged from bail and personal bonds. Seized contraband (case property) shall be destroyed, after the period of appeal is over in accordance with law. The accused, who is in custody, shall be set free, if not, involved in any other case”, Court directed.
Court on not following the statutory requirements by the IO as provided under Section 52, 55 and 57 of the NDPS Act observed there is sheer violation of these sections in the present case.
Court further added that the statement of witnesses as adduced by the prosecution is totally contradicted as the statements of all the prosecution witnesses put the alleged recovery of contraband substance under shadow of doubt.
The contradictions court said, are not said to be minor in nature as these contradictions go to the root of the prosecution case because admittedly all the witnesses who were on the Naka duty, they all are police officials and contradictions cannot be expected from the police witnesses who are the eye witness of the occurrence and who know the implications of the statements made before the court.
“All the police officials have made totally contradictory statements with each other and as such the evidence on file is causing serious doubts about the presence of the eye witness on the spot because had these witnesses were actually present on the spot, then there remains no chance for them, to give altogether different versions with regard to the material aspects of the case. These martial contradictions have given a very serious dent to the prosecution case”, Court recorded.
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