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| Failure of prosecution leads to acquittal of alleged heroin smugglers | | | Early Times Report
Jammu, Aug 21: Principal Sessions Judge Jammu Vinod Chatterji Koul today acquitted two accused namely Ved Parkash and Rajinder Kumar alleged heroin smugglers, as prosecution miserably failed to prove its case.
Brief facts of the case are that on 17.11.2011 jammu police intercepted Ved Parkash s/o Gian Chand of Jammu and Rajinder Kumar s/o Shanker Dass of Gandgal Chowki Choura, Tehsil Akhnoor with 03 packets of contraband powder alleged to be Heroine was recovered from the bag of Ved Parkash and 07 packets were recovered from Rajinder Kumar.
Principal Sessions Judge Jammu Vinod Chatterji Koul after hearing Advs AR Khan and Prince Khanna for the accused, observed that prosecution has to prove and establish that the provisions of the Act were complied with and there is no violation of the provisions of the Act. It is clear from the evidence on record and the evidence produced by the prosecution that the investigation in this case has been conducted in violation of the provisions of the NDPS Act and the IO has not been produced in this case. His statement was required to be recorded to explain the discrepancies in the prosecution evidence.
With these observations Principal Sessions Judge Jammu Vinod Chatterji Koul held that the prosecution as miserably failed to prove the charges against the accused. The challan is dismissed for want of proof beyond reasonable doubt and accused are acquitted. |
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