Excelsior Correspondent
JAMMU, Oct 29: Shoddy investigation has led to acquittal of three accused booked under Narcotics Drugs and Psychotropic Substances Act (NDPSA) after 18 years long trial by the Principal Sessions Judge Kulgam Tahir Khurshid Raina.
As per the prosecution, on 18.07.2003, Police concerned received an information through reliable sources that accused Bashir Ahmad Dar and Rashid Dar, sons of Late Salam Dar of D H Pora Kulgam were involved in drug trade and they have kept hidden poppy straw in their residential houses for sale purposes.
On receiving this report, the case under FIR No. 88 of 2003 for the commission of offences punishable under Section 8/15 NDPS Act was registered and police team reached the house of the Bashir Ahmad Dar and recovered one kilograms of opium.
The accused was arrested and on 20.07.2003 and on his disclosure one and half kilograms of Ganja and one kilogram and 300 grams of poppy straw were also recovered. On 25.07.2003, Rashid Dar was arrested and on his disclosure and identification on 27.07.2003, from the cowshed of Abdul Gani Dar, son of Aziz Dar three kilogram Ganja was recovered and he was also arrested.
After hearing both the sides, Principal Sessions Judge Kulgam Tahir Khurshid Raina observed, “I found total noncompliance of the mandatory provisions of the NDPS Act in this case”, adding “in context of taking of alleged sample material and its proper depositing in the FSL, as per the report, it was Constable Mohammad Yousuf from whom they received the same”.
“On going through his deposition, I have found absolutely no reference with regard to carrying of sample of seized material by him to FSL. This was a material fact to be stated by the witness and a link evidence to be proved by him only, but he made no reference to it”, the Judge said, adding “it was further to be cleared by IO of the case but he too has not appeared as witness in the case. And this important link evidence remained unproved in the court”.
“Though the alleged seized contraband is opined by the FSL as Cannabis, Ganja and Opium. However, the FSL expert has not come before the court to prove the contents of the report”, the Judge said, adding “the contents of the letter of the SDPO as well as the bearer of the letter and the material has to proved in the court. In the instant case neither the SDPO Kulgam who has sent the letter to the FSL has appeared as witness, nor the bearer of the same has said anything with reference to same. Hence the report of FSL remained unproved in the Court”.
“Taking the holistic view of the evidence on record and the total non-compliance of the provisions of the Act, I am quite clear in my conclusion that prosecution has failed to prove the charge against the accused beyond reasonable doubt”, the Judge said while acquitting them of the charges. They have also been discharged of their personal and surety bonds.
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