Excelsior Correspondent
JAMMU, Jan 29: Principal Sessions Judge Kathua, M K Hanjura acquitted Farid Ahmed and Imtiyaz Ahmed Dar, who were facing trial in NDPS Act for the last more than three years as the agencies involved in the investigation failed to prove case. The accused persons were arrested on July 9, 2009 along with 154 kilograms of poppy straw.
While acquitting the accused persons, Principal Sessions Judge took serious note of the functioning of various agencies involved in the investigation and said the percentage of Morphin found in the contraband has not been stated by the chemical analyst.
“The seizure of the contra-band and taking the samples out of it remains shrouded in mystery. When and where were the bags recovered is also doubtful, the dates of recording the statements of the witnesses have not been given anywhere. Viewed in total context the prosecution case straight way merits the acquittal of the accused”, the Court said.
Accordingly, the accused, who have so far been in custody for the last three and half years, were acquitted of the charges leveled against them.
“The crime cases registered in our state suffer from intrinsic infirmity, which render the trials in courts less than fair. At the infrastructural level we do not have the tools in the FSL in the analysis of narcotic drugs as could scientifically detect the amount and level the various substances”, Principal Sessions Judge said, adding “the seized substances were almost arbitrarily declared as prohibited quantity which attracts punishment. No precision or exactitude is possible in absence of laboratory apparatus and appliances which would find percentage or actual weights of the drug ingredient in the substances detected and seized”.
“With no wherewithal in terms of men and material available to conduct fair trial one day need would be felt to wind up such cases or remove the ban on use of such substances for the needy and greedy people. The wisdom will dawn on us only after the drugs and narcotics affect a sizeable number of vulnerable populace and then we will wake to fund out ways and means to improve the infrastructure and in our FSL both in terms of men and material”, the Court said.
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