Excelsior Correspondent
JAMMU, Dec 7: Principal Sessions Judge Samba, Kartar Singh today acquitted Padam Lal and Tinku Bhat of the charges framed under NDPS Act as the prosecution failed to prove its case.
According to the police case, on July 16, 2011 the accused persons namely Padam Lal, son of Fandu Ram of Gulbadaychak and Tinku Bhat, son of Chuni Lal Bhat of Purani Rehari Chungi were arrested by Samba Police and from their possession 2900 intoxicant capsules were recovered.
A case under Sections 8/21/22 of Narcotic Drugs and Psychotropic Substance Act was registered against them and investigation was entrusted to ASI Sham Singh ASI. After completion of investigation challan was presented in the Court of law.
After hearing both the sides, Principal Sessions Judge Samba observed, “Joginder Singh was the incharge of naka team and he is stated to have seized and sealed the capsules vide seizure memos dated July 16, 2011 but both these documents have not been proved by the prosecution and as such, they are of no help to it”.
“Though it is not material for the disposal of this case but it is important to note that prosecution witness namely Jasbir Singh has given another version of the prosecution story. According to him, the Investigating Officer Sham Singh ASI came on the spot and he sealed 10 capsules each for chemical examination. Both these contradictory statements coupled with the non-examination of the independent witnesses are sufficient to throw out the prosecution story”, the Court said.
Observing that prosecution has failed to prove the seizure and sealing of the samples, the Court said, “there is no need to discuss as to what mandatory provisions of law have been violated by the investigating officer because he has not been examined in this case and the material documents on which the foundation of the case has been laid, were not proved by the prosecution”.
With these observations, Court acquitted the accused of the charges framed against them.
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