STATE TIMES NEWS
JAMMU: In an NDPS case in which Trial Court awarded 20 years rigorous imprisonment and fine of Rs 1 lakh to one Ashok Koul, a Division Bench (DB) of State High Court comprising Justice Mohammad Yaqoob Mir and Justice B.S Walia on Friday set aside judgment and acquitted the accused from the charges.
After hearing Advocate Rajneesh Oswal for the appellant while senior AAG S.S Nanda appearing for the State, the DB observed that prosecution witness Anil Kumar had stated that he had registered the case giving rise to an important situation viz. the compliance of Sections 42, 50 and 57 NDPS Act has not been done on the ground that it was a chance recovery hence the statement of Anil Kumar raises a serious doubt. “It is a matter of concern that the Trial Court had erroneously and in a perfunctory manner recorded the conviction coupled with concoction of facts suggesting that unwarranted conviction has been recorded, as a result 20 years’ rigorous imprisonment has been awarded”, the DB observed adding that this situation has persuaded us to notice the details as well as precise depositions of the prosecution witnesses who were examined.
