Early Times Report
JAMMU, Sept 9: 2nd Additional Sessions Judge Jammu V S Bhou acquitted Rajesh Singh, son of Bhim Singh, resident of Akhnoor, Jammu who was facing trial in alleged charas smuggling case, as prosecution miserably failed to prove the case.
2nd Additional Sessions Judge Jammu V S Bhou after hearing APP for the State whereas Advs Prince Khanna and Sumit Khajuria for the accused person observed that in this case there is delay of nine days in forwarding the samples to FSL, Jammu because in the instant case as per the report of the FSL expert PW-Zahoor Ahmed, he had categorically stated in his examination in Chief that the samples were received in the laboratory on 08.05.2014, however, the alleged contraband was recovered from the possession of accused persons on 29.04.2014 and as per the standing instructions issued by NCB, the sample must be forwarded to FSL for chemical examination within a period of 72 hours, but in the instant case the I/O did not bother to send the samples within the stipulated period of time and the same reached the FSL after the delay of nine days and moreover, no explanation was offered with regard to the same.
Court further observed that keeping in view my above discussion, nature of evidence on record which is inconsistent, contradictory and contradictions are major which go to the root of the case, further there is sheer violation of mandatory and directory provisions of the Act, which affects the truthfulness of the prosecution case, I have no hesitation to hold that prosecution has miserably failed to prove the charges for the commission of the alleged offence against the accused beyond reasonable shadow of doubt.
The benefit of doubt goes to the accused. The Challan, as such, fails and, it is, accordingly dismissed and accused is acquitted of the charges for alleged offence. |
