Excelsior Correspondent
JAMMU, May 23: Principal Sessions Judge Kathua M K Hanjura today acquitted Sanjay Kumar, son of Darbari Lal of Harsat, who was allegedly involved in NDPS case, as prosecution failed to prove case.
According to the police case, on February 9, 2007 the accused was arrested along with intoxicant capsules and syrup.
After hearing both the sides, Principal Sessions Judge observed, “the seizure memo is said to have been prepared in presence of the witnesses, namely Kishan Singh, Constables Drab Singh and Kuldeep Singh and Head Constable Mohan Lal, who allegedly recovered the capsules from the accused”.
“However, Krishan Singh, Constables Drab Singh and Kuldeep Singh have not been examined as witnesses in this case meaning thereby that this seizure too is rendered doubtful and suspicious. In the trial it is necessary for the prosecution to establish by cogent evidence that the alleged quantity of the capsules was seized from the possession of the accused. This has not been done”, the Court said.
“The cumulative effect is that the prosecution has not presented its case in a manner beyond any shadow of doubt. The prosecution has failed to connect the accused with the crime he has been charged with. The mandatory provisions of the NDPS Act, have been violated with impunity”, Principal Sessions Judge observed while acquitting the accused of the charges leveled against him.
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