Excelsior Correspondent
JAMMU, Sept 9: 2nd Additional Sessions Judge Jammu VS Bhou has acquitted Rajesh Singh, son of Bhim Singh of Akhnoor, who was facing trial in alleged charas smuggling case, as prosecution miserably failed to prove the case.
After hearing APP for the State whereas Advocates Prince Khanna and Sumit Khajuria for the accused person, the court observed, “in this case there is delay of nine days in forwarding the samples to FSL although as per the standing instructions issued by Narcotics Control Bureau the sample must be forwarded to FSL for chemical examination within a period of 72 hours”.
“The IO did not bother to send the samples within the stipulated period of time and moreover no explanation was offered with regard to the same”, the court said, adding “there is sheer violation of mandatory and directory provisions of the Act, which affects the truthfulness of the prosecution case”.
Accordingly, the Judge said, “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 beyond reasonable shadow of doubt. The benefit of doubt goes to the accused. The challan, as such, fails and, it is, accordingly dismissed and accused is acquitted of the charges for alleged offence”.
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