Excelsior Correspondent
Srinagar, July 11: Observing the prosecution has failed to prove the persons involved in drug trafficking, the High Court upheld the trial court verdict acquitting a man for commission of offence under NDPS Act.
“Testing prosecution case on the touchstone of evidence of witnesses, as reproduced/discussed the impugned judgment of trial court is based on the law, reason and the logic. It does not call for any interference. The witnesses, as discussed, have not been emphatic in stating that the accused was the architect and the author of the crime”, Justice V C Koul said while upholding the acquittal of one Mohammad Saleem Khokher from the charges of drug trafficking.
Appellant-Prosecution had preferred the appeal against the Judgment dated 25.10.2021, passed by the court of Additional Sessions Judge, Baramulla in case titled State of Jammu & Kashmir versus Mohammad Saleem Khokher, in case FIR No. 79/2017 registered with police station Baramulla for the offences under Section 8/21 of NDPS Act, for setting aside the same.
Mohammad Saleem Khokher was arrested by the police party on May 2017 along with contraband narcotic substance Heroine (Brown sugar) from his possession, which as per the prosecution, he intended to carry to Baramulla town for the sale among the youth with a view to drag them to the menace of drug addiction.
Justice Koul said that a general rule is the court can and may act on the testimony of a single witness, provided he is wholly reliable and there is no legal impediment in acquitting a person on the sole testimony of a single witness, but if there are doubts about the testimony, the court will insist on corroboration.
The statements of witnesses, court added, are not sufficient to convict the accused-Khokher as there is infirmity in their statements that render them weak, fragile, incoherent or improbable. “…the prosecution has failed in discharging its burden to prove that the accused has committed the crime imputed to him. There is, thus, no merit in this appeal. It entails dismissal and as a consequence of which the same is dismissed and the judgment of acquittal recorded by the trial court is maintained and upheld”, the court concluded.
Follow our WhatsApp channel