Excelsior Correspondent
JAMMU, May 16: Chief Judicial Magistrate Ramban, Rajesh Kumar ID Abrol has aquitted one Farid Khan, son of Sher Mohd Khan of Dandrath Ramban, who was arrested by the police under Excise Act.
According to the police case, Farid Khan was arrested on August 17, 2015 when he was carrying 37 pouches of liquor. Subsequently, a case under Section 48(a) Excise Act was registered against him.
After hearing counsel for Farid Khan and Chief Prosecuting Officer, the CJM observed, “the prosecution has recorded only one witness in support of the challan. But there is no independent witness in support of occurrence”, adding “the prosecution has failed to examine the other witnesses for corroborating the police challan beyond any shadow of doubt and cloud”.
After critically analyzing the facts of the case along with single witness adduced by the prosecution, the court pointed out lacunas in the prosecution case and accordingly acquitted the accused of the charges leveled against him. The court also discharged the bail and security bonds and directed the police to set Farid Khan free.
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