Excelsior Correspondent
JAMMU, June 3: Principal Sessions Judge Kathua, M K Hanjura today acquitted alleged narco smuggler as prosecution miserably failed to prove the offence.
According to the prosecution case, on June 21, 2006 police came to know from a source that the accused Kuldeep Kumar, son of Dev Raj of Chan Rorian, Hiranagar was indulging in the sale of intoxicated capsules at NHW near the Veterinary Hospital.
During the investigation the accused was found to be carrying 780 intoxicant capsules and large number of bottles of intoxicant syrup. After completion of investigation chargesheet was presented in the court of law.
After hearing Advocate Sham Saroop for the accused person whereas PP Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “prosecution has not presented its case in a proper manner. The recovery and the seizure has not been proved. The sample has been sent for chemical analysis after a long delay. It has been resealed after a long wait”.
“Where did the sample remain for such a long time is a mystery that has not been unravelled. The prosecution evidence is full of contradictions. The prosecution has failed to connect the accused with the crime. The provisions of Section 50 of the NDPS Act have been given the gobye”, the Court said.
With these observations, Principal Sessions Judge acquitted the accused person of the charges leveled against him.
“An important but related supplement to this judgment is added for the concerned authorities for necessary further action by them. The non-production of the seized capsules, before the court for the identification of the witnesses and the plea or pretext of these having allegedly been damaged due to rains raises a serious question that compels and warrants a thorough and intensive probe”, the Court said.
“Two witnesses examined in the case have stated that they have identified the seized capsules in the court, while as subsequently it has been stated that these have disappeared on account of rains. It was the duty and inescapable responsibility of the Incharge Malkhana, or, the prosecution, to communicate to the court with tangible proof that the capsules had really been damaged”, the court said, adding “whether the capsules were actually damaged or removed clandestinely from the Malkhana requires a thorough inquiry which will unravel the mystery of the disappearance of the substance involved”.
“A copy of the judgment shall be sent to the District SSP for his consideration whether an enquiry and registration of the case against the erring officials, will be in place. The enquiry if decided to be held may be conducted by the District SSP either on his own or by an officer of rank of DySP”, the court said.
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