Excelsior Correspondent
JAMMU, Apr 29: Division Bench of State High Court comprising Justice Mohd Yaqoob Mir and Justice BL Bhat today upheld the judgment of Trial Court in the charas smuggling case and dismissed the criminal acquittal appeal filed by the State against the judgment of 2nd Additional Sessions Judge dated August 25, 2009,
According to the appeal filed against the judgment of the Trial Court, on March 11, 2003 a vehicle being driven by Tarlok Chand was intercepted at Muthi Pul. Two accused Manoj Kumar and Inderji Bhat traveling in the vehicle were found to have concealed something. Accordingly, SDPO Akhnoor reached the spot and from the possession of accused Inderji Bhat 750 grams of charas whereas from the possession of accused Manoj Kumar 360 grams of charas was recovered and seized.
Hundred grams of narcotic substance each from the two packets was into sealed as samples and later sent to FSL for analysis. The case registered against the accused culminated in filing of charge sheet for commission of offence punishable under Section 20 NDPS Act. The trial culminated in acquittal of the accused.
The judgment of the Trial Court was challenged by the State in the Division Bench.
After hearing Advocate Deepika Mahajan for the State whereas Advocate JA Hamal appearing for the respondents, the DB observed, “the present case is the worst example of having been handled in a most casual manner, may be with design, which is shocking”.
The DB directed Director General of Police to institute an enquiry against the Investigating Officer, other officers and officials so as to ascertain why the two samples weighing 100 grams each have not reached FSL for analysis, how and which two samples weighing only 50 grams and 64 grams respectively reached FSL, whether the samples were tampered with or replaced, why the samples were sent to the FSL after a gap of 14 days from the date of sealing and why Tarlok Chand, who was the driver of the Maruti, has not been arrayed as an accused or witness.
The Division Bench also directed DGP that the action taken report be submitted within eight weeks.
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