Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   Despite found guilty, CCF constitutes inquiry team of his choice | Sethi couple 'sinks' BJP in Jammu East | BJP wins but RSS lose | Different promotion policies for same cadre | Refuses to provide information on POJK refugees | Emergence of Third Front leaves NC, PDP worried | Adv Sharma of HEM wins on BJP ticket from Hiranagar MC | Poaching begins at Kishtwar Municipality, suspense as who will be President of Municipality | Former Minister Slathia celebrates winning of party's backed independent candidates | Hypocrisy of NC exposed in Thathri Municipality | Solo painting exhibition held in Jammu | EK Bharat Shrestha Bharat Camp begins | Mehbooba's crocodile tears | 1947 - PAKISTAN INVASION | Pakistan and India blame each other for scuttling talks | Chief Justice Gita Mittal distributes awards among players | Kashmiris committing 'suicide' by going near encounter sites | Misusing provision of J&K RTI Law, PIOs not ready to share information | Transport department goes off the track | Transfers made in violation of circulars at ULBK, enquiry reports not yet submitted | Governor favours fresh Assembly elections in J&K | Despite ban, MRs of pharmaceutical companies visit OPD during duty hours | 3 JeM militants killed in Kulgam gunfight | 3 soldiers martyred, 2 Pakistani intruders neutralised in Nowshera | Officials directed to ensure redressal of grievances | PDD hangs electric wires on trees not poles in Sangoite | Illegal telecom tower under nose of authorities | SACGBPF holds Mahapanchayat | Group of farmers flagged off for Inter-State Exposure Visit | Free eye operation camp organized | Police commemoration day observed | Suman's art works to be shown in USA | NYK organizes Youth Parliament | Khelo India State Kabaddi Championship Organised | Sat starts construction works at Ward No 40 | RSS celebrates foundation day | Career Abacus championship-2018 organized | JKSWDC organizes awareness camp at RS Pura | JK Bank Chairman welcomes new batch of 582 Banking Associates | Advisor Ganai urges golfers to promote JK as peaceful, incredible tourist destination | Two advisors of JKCCA to participate in National Painters' Camp | Dolaa and Jorde mata face apathy of State Government | Locals demand construction of passenger shed at Dharana Chowk | Hundreds of Poonch schools without electricity, water | Kishtwar youths express concern over back door appointments in Pakal Dul HEP | Several Balakote villages without water supply for weeks | Militants attack army cavalcade | Woman falls into 40-ft-deep gorge in Doda dist, dies | JKBOSE, IUST postpone exams | Huge improvement in ground situation in Kashmir Valley: Governor | Amit concludes 3-day Chenab Valley tour to ensure uninterrupted supplies | BJP eyeing 50 plus seats in assembly polls to form government in State | 9 bovine rescued, 2 vehicles seized | 54 bovine animals rescued, 3 smugglers arrested | 61,000 posts lying vacant in paramilitary forces | Drug peddlers arrested, 460 intoxicant capsules recovered | Low-intensity earthquake hits J&K, tremors felt | Srinagar-Jammu highway opens for one way traffic | Rajnath Singh to visit J&K on Tuesday | Drug peddler held with charas | Back Issues  
news details
DB dismisses Criminal Acquittal appeal, acquitted accused from offence under NDPS
11/22/2017 10:11:03 PM
Early Times Report
JAMMU, Nov 22: A Division Bench of Jammu and Kashmir High Court comprising of Justice Badar Durez Ahmed (Chief Justice) and Justice Sanjeev Kumar has dismissed the criminal acquittal appeal in NDPS.
The present acquittal appeal has been preferred by the State against the judgment dated 15.02.2016, delivered by the Court of 2nd Additional Sessions Judge, Jammu, in respect of File No. 76/ Special Challan, which, in turn, arose out of FIR No. 163/2014 registered at Police Station, Nowabad, Jammu, for offences under Sections 8, 15 and 27 of the Narcotics Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as "the said Act").
The prosecution version is that during the intervening night of November 1 and 2, 2014, a joint Naka of Police Station, Nowabad and Special Operation Group, Jammu, was carried out at Dogra Chowk, Jammu. At about 4.30 am, a Truck bearing registration No. JK02AF-6121, allegedly driven by Raj Kumar, with the other two accused on board, approached Dogra Chowk. The said vehicle was subjected to checking, where upon, four boxes of poppy straw were recovered from the cabin of the truck and other 14 boxes were recovered from the body of the truck, which was loaded with boxes containing apples. The Investigating officer, on reaching the spot, weighed the seized and recovered poppy straw and, as per the prosecution, the total quantity of the poppy straw was 120 kilograms.
The Division Bench after going through the facts of the case observed that the aspect of the matter is fatal to the prosecution case and there is no infirmity in the conclusions arrived at by the trial Court. It cannot be said with any degree of certainty that the samples allegedly taken on 02.11.2014 and deposited in the "malkhana? on 02.11.2014 itself, were the very ones which were examined by PW Pawan Abrol, Scientific Officer, FSL, Jammu, observed the court.
"This is so, particularly because as per the evidence of PW Khalil Ahmed, Mohrar, there are no entries of 03.11.2014, 05.11.2014 and 07.11.2014 when the Investigating officer is said to have taken the samples from the "malkhana?, re-deposited the samples after having them sealed by the Executive Magistrate and once again taken the samples for sending to the FSL, respectively," observed the court.
The Division Bench held that there is no clear-cut path of the movement of the samples from 02.11.2014 to 07.11.2014. There is also evidence that when the Executive Magistrate re-sealed the samples, he had nothing to compare the seals placed on them with the actual seal, as the impression of the seal was not with him. This would again go towards creating doubt as to whether the samples which were allegedly taken on 02.11.2014 were the ones which were produced before the Executive Magistrate and consequently before the FSL on 07.11.2014.
The Division Bench held that there is no direct evidence of any witness indicating that the material seized was in fact poppy straw. In view of the foregoing, DB entirely agree with the trial Court that the prosecution has not been able to prove its case beyond reasonable doubt and consequently, dismissed the appeal.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center