|JAMMU, Nov 10(JNF): Principal Sessions Judge Kathua M K Hanjura today acquitted one Shabir Ahmed Khan resident of Ashaji Pora Anantnag Kashmir, who was facing trial in NDPS Act, after 12 years investigation and trial as prosecution failed to establish its case against the accused.|
According to the prosecution case, on January 30, 2001 ETO Toll Post Lakhanpur handed over Shabir Ahmed Khan to the Excise Range Kathua along with the six seized bags of Bhuki (Poppy powder) weighing 270 KG duly sealed. The accused arrested for the commission of offence u/s 18 NDPS Act. After completion of the investigation presented challan in the Court of law.
Principal Sessions Judge Kathua M K Hanjura after hearing Public Prosecutor Ravi Kumar Gupta for the State and advocate Neelam Sharma appearing for the accused observed that the recovery of poppy powder from the truck had not been proved by the prosecution by any amount of evidence. The most important and material witnesses Jia Lal and the investigating officer had not been examined by the prosecution.
“Under these circumstances of the case it could not be any stretch of imagination said that the prosecution discharged the burden to prove the guilt of the accused beyond any shadow of doubt. The judicial process cannot be issued in a case like the present one where the recovery of contraband has not been proved. It can only be issued on the firm foundations of credible evidence. Viewed in this contest the prosecution case straight away merits the acquittal of the accused and accordingly accused is acquitted of the charges leveled against him,” the court observed while acquitting the accused.
News Updated at : Sunday, November 11, 2012