Shoddy Investigation leads to acquittal in NDPS after 18 years long trial
JKUT (Jammu), October-29-2021-( JNF):- Principal Sessions Judge Kulgam Tahir Khurshid Raina while acquitting three accused in 18 years long trial in NDPS case, took serious note on the conduct of prosecution in such serious cases.
- Brief facts as disclosed by the challan is that on 18.07.2003, Police concerned received an information through reliable sources that accused No.1 and 2 are involved in a 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 (for short the Act) was registered and police team reached to the house of the Accused No.1, recovered one Kg opium wrapped in a black polythene. Accused was arrested and on 20.07.2003, on the disclosure of the accused, 1 Y2 kgs of Ganja and 1 kg 300 grams of poppy straw were recovered under the roof of his residential house. On 25.07.2003, Accused No.2 was arrested and on his disclosure and identification on 27.07.2003, from the cowshed of accused No.3, three kilogram Ganja was recovered and he was then arrested. The seized contraband were sealed and after that some samples were sent to FSL Srinagar for expert opinion. It is also alleged that the accused No.1 and 2 used to sell Narcotic Substance during evening times from their shops situated at D.H.Pora. That Accused No.3 was cultivating cannabis plants on his land measuring 3 kanals 18 Marlas covered under survey No.1398 and then after preparing Ganja and charas sell out to the accused No.1 & 2. Report from FSL was obtained and accused apprehended accordingly. Concluding that the offences under section 8/15/18/20 of the Act are made out against the accused.
Principal Sessions Judge Kulgam Tahir Khurshid Raina after hearing both the sides found total non-compliance of the mandatory provisions of the Act and observed that while taking the holistic view of the evidence on record and the total non-compliance of the provisions of the Act as discussed in detail in the preceding paras, I am quite clear in my conclusion that prosecution has failed to prove the charge against the accused beyond reasonable doubt. Accordingly the accused namely Bashir Ahmad Dar, Rashid Dar and Abdul Gani Dar are acquitted of the charges. JNF