Excelsior Correspondent
JAMMU, Dec 7: Principal Sessions Judge Jammu Kartar Singh has acquitted Nazir Ahmed, Imtiyaz Ahmed and Faiz Ahmed, who were facing trial for the last 13 years in alleged arms smuggling case as prosecution miserably failed to prove the case.
According to the prosecution case, on November 22, 2000, a truck bearing registration No JK01A-2388 loaded with apple boxes was subjected to checking at Lakhanpur. During search two AK 47 rifles, two magazines and 59 live cartridges were recovered and all the three arms smugglers arrested.
“Prosecution witnesses Palu Ram and Anchal Dass are attesting witnesses of this material document. Anchal Dass has not been examined in this case and since he was independent witness his statement was very material to corroborate the prosecution version and his non-examination has caused serious dent to the prosecution story”, Principal Sessions Judge observed.
“So far as Palu Ram is concerned he has appeared in the witness box but has not supported the prosecution story. He has simply stated that he was called by the SHO in the police station where they unloaded the apple boxes from the truck and then they left the place. According to him, nothing was recovered in his presence”, the court said, adding “the prosecution has thus failed to prove most material document on which the foundation of the case has been built and in its absence, prosecution story cannot be believed”.
“The last witness examined by the prosecution is constable Yashpal, who was posted in Lakhanpur in the year 2000. His statement is of no help to the prosecution because he has not identified the accused in the court and has stated nothing about them. He has simply stated that truck bearing No.JK01A-2388 loaded with apple boxes was checked and from its search prohibited arms and ammunition were recovered which were seized vide seizure memo which bears his signature”, the court further observed.
Stating that the prosecution has miserably failed to prove its case against the accused beyond reasonable shadow of doubt, the Court acquitted the alleged accused of the charges framed against them.
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