STATE TIMES NEWS
JAMMU: Principal Sessions Judge Jammu R.S Jain on Wednesday acquitted alleged Charas smuggler Muddasar Ahmed, son of Muzaffar Hussain, resident of Malerad, Tehsil Reasi for non-observance of mandatory provisions of NDPS Act during investigation and contradictions that came to light during examination of witnesses.
According to police, a Naka was laid on 20th April 2012 near brick kiln at Kathar. As Kamal Kishore, Incharge Police Post Chowki Choura along with his team was checking vehicles at 4:30 PM, one person coming from side of JD towards Kathar, on seeing the police party tried to run away. The police after nabbing him recovered 14 Challis of Charas weighing 750 grams. He was identified as Muddasar Ahmed, son of Muzaffar Hussain. After seizing the consignment and completion of investigation, the police presented the Challan.
Justice Jain after hearing Advocate A.R Khan appearing for the accused observed that perusal of the testimonies of the witnesses examined by the prosecution revealed a number of contradictions and non-observance of the mandatory provisions of the NDPS Act during the investigation. The contention of Legal Counsellor (LC) for accused that the mandatory provisions of the NDPS Act have not been followed by the Investigating Officer (IO), which keeping in view the stringent punishment prescribed in the NDPS Act, were to be observed by the IO and therefore the benefit of doubt is to be given to the accused as it is a settled principle of law that prosecution is under an obligation to prove the guilt of accused beyond reasonable doubts by cogent and clear evidence. In the present case, the prosecution witnesses disagree with each other on material points which make their testimony unreliable and there is non-observance of the provisions of the NDPS Act by the investigating agency. JNF