Prosecution failure leads to acquittal of 2 in NDPS case

Excelsior Correspondent
JAMMU, Dec 1: 2nd Additional Sessions Judge Jammu Virender Singh Bhou has acquitted Nissar Ahmed, son of Ghulam Rasool Bhat of Baramula and Peerzada Momin, son of Peerzada Ashraf of Kupwara as prosecution miserably failed to prove the case.
They were arrested on 14.07.2017 by Nagrota Police along with heroin like substance weighing approximately three kilograms.
After hearing Advocate Prince Khanna with Advocate Summit Khajuria for the accused persons, the court observed, “there is delay of four days in forwarding the samples to FSL despite the fact that the same must be forwarded for chemical examination within a period of 72 hours”.
“In view of the fact that the seal used for sealing the contraband was not produced during the trial and the contradictory statement given by the FSL expert that all the samples were bearing one similar inscription of seal there is every possibility that the samples were tampered as such the case of the prosecution suffers from glaring contradictions which go to the root of the case”, the court said.
“There is sheer violation of directory provisions of the Act, which affects the truthfulness of the prosecution case as such I have no hesitation to hold that prosecution has miserably failed to prove the charges for the commission of the alleged offence against the accused persons beyond reasonable shadow of doubt”, 2nd Additional Sessions said.

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