Excelsior Correspondent
JAMMU, June 26: Principal Sessions Judge Kathua MK Hanjura today acquitted Parshotam Kumar S/o Sain Dass, R/o Ward No. 9 Kathua who was facing trial in NDPS case as prosecution evidence was full of contradictions and the prosecution failed to connect the accused with the crime.
While acquitting the accused Principal Sessions Judge Kathua MK Hanjura after hearing Adv A Slathia appearing for the accused whereas Ravi Kumar Gupta Public Prosecutor for the State, took serious note of the investigation and observed that the non-production of the seized capsules, before the court for the identification of the witnesses and the plea or pretext of these having allegedly been damaged due to rains raises a serious question that compels and warrants a thorough and intensive probe. It was the duty and inescapable responsibility of the Incharge Malkhana, or, the prosecution, to communicate to the court with tangible proof that the capsules had really been damaged with some material proof in the form of the damaged remnants. This has not been done. Whether the capsules were actually damaged or, more probably removed clandestinely from the malkhana requires a thorough inquiry which will unravel the mystery of the disappearance of the substance involved and under question. A copy of the Judgment will be sent to the District S.S.P for his consideration whether an enquiry and registration of the case against the erring officials, will be in place. The enquiry if decided to be held may be conducted by the District SSP either on his own or by an officer of rank of DySP.
According to the police case that on November 15, 2005 the police authorities of police station, Kathua, came to know from a reliable source that the accused Rajinder alias Bitta S/o Gurmeet Singh R/o Ward No.9 Kathua, who is dead now, and Parshotam Kumar alias Hoki S/o Sain Dass R/o Barnoti were indulged in the sale of intoxicating capsules at Jarai Chowk, Kathua. On this information a case for offences under sections 8/21/22 NDPS Act was registered at Police station, Kathua, against the accused. The investigation ensued. During the investigation the accused Rajinder Singh and Parshotam Kumar were found carrying 750 and 700 capsules of “Parvon Spas” respectively in contravention of the provisions of the NDPS Act. The capsules were recovered on their search. These were seized. Two samples of five capsules each were taken out of the seized contraband for chemical analysis. These were sent to FSL Jammu. On the completion of the investigation of the case a chargesheet was produced in the Court of law.
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