Prosecution failure leads to acquittal of defendants held under NDPSA – Jammu Kashmir Latest News | Tourism

Excelsior Correspondent
JAMMU, 11th June: 1st Supplementary Session, Srinagar Judge Ajay Kumar Gupta has acquitted two people of the charges brought against them for committing offenses under the Narcotic Drugs and Psychotropic Substances Act as the prosecution failed to establish connection between the accused and the crime.
Mohammad Ayoub Wani, son of Mohammad Sultan and Mohammad Altaf Parra, son of Wali Mohammad Parra from Sumbal, Bandipora were arrested on July 10, 2020 by Harwan Police Station after four kilograms of charas were recovered from their possession.
After hearing from the additional attorney general and counsel for the accused, the court observed that “the failure to comply with section 55 of the NDPS Act seriously undermined the case of the prosecution and places the case of the ‘accusation under the shadow of doubts’. , adding “another very important point to consider in this case which has a great impact on the prosecution case is the contradictory statements of prosecution witnesses”.
“The evidence of prosecution witnesses is qualitatively and quantitatively insufficient to prove the connection between the defendants and the commission of the offenses with which they are charged because none of the witnesses questioned by the prosecution showed corroboration with each other and suffered glaring contradictions going to the root of the matter,” the court said.
“Upon a proper assessment, evaluation and assessment of the evidence presented by the prosecution, the evidence appears weak, fragile and lacks credibility. The whole thesis of the accusation therefore becomes doubtful. I have no hesitation in asserting that there is an outright violation of the mandatory provisions of Sections 52, 55 and 57 of the NDPS Act, not to mention that the evidence on file is contradictory,” the judge said.
“It is safe to say that the prosecution has been unable to prove the guilt of the defendants beyond a reasonable shade of doubt for the commission of offenses under sections 8/20/29 of the NDPS Act. Therefore, the defendants are acquitted of the charges against them,” the court said and ordered that the defendants, who are in custody, be released, if not involved in another case.

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