Excelsior Correspondent
JAMMU, May 10: Principal Sessions Judge Kathua, M K Hanjura today acquitted one Shakeel Ahmed, son of Shukar Din of Mohalla Dalpatian, who was facing trial in NDPS case since September 1, 2008 as the prosecution failed to prove its case.
Shakeel Ahmed was arrested on July 10, 2008 by Lakhanpur Police along with intoxicant capsules and syrup. Accordingly, he was booked under NDPS Act and after completion of investigation challan was presented in the court of law.
After hearing Advocate A Slathia for the accused whereas Public Prosecutor Ravi Kumar Gupta for the State, Principal Sessions Judge observed, “the prosecution failed to connect the accused with the crime”, adding “the non-production of the seized drugs before the court for the identification of the Investigating Officer and the plea or pretext of these having allegedly been damaged raises a serious question that compels and warrants a thorough and intensive probe”.
“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 and the bottles had really been damaged with some material proof in the form of the damaged remnants. But this has not been done”, the Court said, adding “whether the capsules and the bottles were actually damaged or more probably removed clandestinely from the Malkhana requires a thorough inquiry which will unravel the mystery of the disappearance of the substance involved and under question”.
“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 the rank of DySP. Not only this a judicial notice can be taken of the fact that this is the second instance where the prosecution has taken umbrage under the plea that the seized drugs have been damaged”, the Court said, adding “there can be many more moles in the hole. Therefore a committee comprising the District Judicial Mobile Magistrate Kathua and an officer of the rank of DySP or above to be nominated by the District SSP immediately on the receipt of this judgment is constituted to take stock of the Malkhana”.
“The committee shall take an overall view of the Malkhana and report where and in which cases under the NDPS Act the seized property exists physically. It shall also make a mention about the existing conditions of the Malkhana. The committee shall report within three weeks”, Principal Sessions Judge said.
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