Excelsior Correspondent
JAMMU, Aug 14: The High Court of Jammu & Kashmir and Ladakh has dismissed the Union Territory administration’s appeal in a high-profile 2011 narcotics case, upholding the acquittal of two Mumbai residents in the recovery of 28.6 kilograms of charas from a vehicle intercepted at Jakhani Naka, Udhampur.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar affirmed the July 27, 2019 judgment of the Additional Sessions Judge, Udhampur, holding that the prosecution had “miserably failed” to prove conscious possession, an essential ingredient under the NDPS Act, and pointing to significant gaps in the investigation.
According to the prosecution, on November 3, 2011, police intercepted a Qualis vehicle (MH03Z-0852) and recovered 270 small balls of charas concealed under the seats. Two occupants allegedly fled, while driver Parkash Krishan Watkar and co-accused Maqsood Sardar Hussain were apprehended. The UT contended that the recovery was made in their presence, establishing their culpability.
However, the Bench observed that the driver had been engaged for a one-off trip to Srinagar and was not present when the contraband was allegedly loaded at Khanabal. There was no proof linking either accused to the specific seats or location where the charas was found, and crucially, no independent witnesses supported the recovery claim.
“It cannot be inferred that the respondents had knowledge of the charas loaded in the vehicle. Had they known, they too would have tried to flee like the absconding co-accused,” the judgment noted. The Court also found contradictions in the prosecution case and defects in the chain of evidence, making the appeal unsustainable.
With this order, the trial court’s acquittal of both respondents stands confirmed.
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