Excelsior Correspondent
SRINAGAR, June 18: Doubting story of prosecution, 3rd Additional Sessions Judge Srinagar Sudhir Khajuria acquitted two accused namely Akhtar Hussain Gosi and Mohammad Akbar Ganie who were facing trial in NDPS case.
“In the present matter, since the accused were facing trial under the provisions of Special Act i,e NDPS Act which itself is very stringent Act and it is a matter of common parlance that stringent law requires stringent proof as well; prosecution has grossly failed to prove the allegations leveled against the accused and conviction cannot be based on the basis of half cooked story of the prosecution,” observed the court and directed Superintendent Central Jail, Srinagar to release both the accused henceforth provided they are not required in any other case/FIR.
The brief facts of the prosecution case are that on 22.02.2018, the Police Station, Batamaloo had set up a naka near Labour Commissioner office, Batamaloo, Srinagar. During checking, two persons coming from Mominabad tried to run away on seeing the police party. The Police party tactfully apprehended them on spot. During preliminary enquiry they disclosed their names as Akhtar Hussain Gossi of Eidgah Rajasthan and Mohammad Akbar Ganie of Humhama, Kupwara. The bag of accused Akhtar Hussain Gossi, which was searched on the spot, contained some clothes, walnuts besides 1.6 kg Charas like substance. This led to the registration of case FIR number 31 of 2018 for the offences under sections 8/20,29 of the NDPS Act with Police Station Batamaloo.
Necessary seizure was drawn up and statements taken down under section 161 CrP C. From the seized contraband, sample was drawn and dispatched to FSL after having been sealed by the Executive Magistrate. Concluding that the offence under sections 8/20, 29 of NDPS Act was made out against the accused, this charge sheet was laid before the Court on 26.04.2018 accordingly.
Follow our WhatsApp channel