NCB failure leads to acquittal of narcotics smuggler

Excelsior Correspondent
JAMMU, Jan 7: 2nd Additional Sessions Judge Jammu VS Bhou has acquitted Asif Ismail Sheikh, son of Ismail Sheikh of Maharashtra, who was allegedly nabbed with charas, as the Narcotic Control Bureau (NCB) miserably failed to prove its case.
While acquitting the accused, court observed, “the case of the complainant suffers from non-compliance of statutory provisions contained under Sections 42, 50 and 67 of the NDPS Act and in view of the law only the case of the complainant can be dismissed”.
“Further, there are material contradictions on the basis of which accused cannot be convicted. The complainant has miserably failed to bring guilt home against the accused on one hand for non-compliance of statutory provisions and on the other hand due to contradictory evidence beyond reasonable shadow of doubt”, the court said, adding “the benefit of doubt shall go to the accused, who faced the trial”.


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