Prosecution failure leads to acquittal of narco smugglers

Excelsior Correspondent
JAMMU, Jan 15: Principal Sessions Judge Samba, Kartar Singh today acquitted Tafazul Ahmed and Sajid Ullah Laway, residents of Natipora, Budshah Nagar from whom more than 700 gram of charas was recovered.
According to the police case, on July 13, 2011 a car, in which the accused persons were travelling, was subjected to check in the presence of Magistrate. From the vehicle, police recovered more than 700 grams of charas. Accordingly, both the narcotics smugglers were arrested and after completion of investigation challan was presented in the court of law.
After hearing Public Prosecutor for the State whereas Advocate Rahul Singh for the accused persons, Principal Sessions Judge observed, “it is a settled principle of law that prosecution is under an obligation to prove the guilt of the accused beyond reasonable shadow of doubt by leading cogent and unimpeachable evidence. In the present case, prosecution witnesses contradict each other on material points which make their testimony unreliable and there is non-observance of the provisions of NDPS Act by the investigating agency”.
Stating that prosecution has failed to prove the guilt of the accused beyond reasonable shadow of doubt, the Court acquitted both the accused of the charges framed against them.