x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Twin suicide bombers attack church in Pakistan’s Quetta ahead of Christmas, killing eight | IAF set to get a boost with Brahmos missile-Sukhoi fighter jet integration | Pahalgam, Kargil experience coldest night of season | Search operation launched in Baramulla | Jammu records lowest temperature, severe cold wave lashes J&K | Miss Iraq's family forced to flee country over 'peace' selfie with Miss Israel | Scandal mars RMSA recruitments | Deliberate attempt to hide their offences, CBK called EOs of MCs for investigations | BJP supported JK government remains firm on its stand | 3 years on, govt yet to compensate Udhampur family that lost three children | 'Professor reproduces book out of Scholar's dissertation' | BJP leader's PRO wants to become gazzeted officer! | Cabinet reshuffle on cards, Few Ministers to be shown door | Village head's attempted to marry victim with accused foiled by locals | Ex-Congress Minister Prem Sagar Aziz to join NC | After 'symbolic' demolition, SMC allows 'hawala' linked family to carry on illegal constructions | Introduce bill pertaining to reservation in promotions in upcoming assembly session: Hakla to CM | Milchar Front pays tributes to Abdul Gani Hafiz on his death anniversary | Agriculture Department organises farmer's awareness camp at Haria Chak | CJ Inaugurates Alternative Dispute Resolution (ADR) Center Building | Illegal mining, sand digging goes on unabated in Udhampur water bodies | Over 150 underground bunkers under construction across LoC | School uniform seller fined for not mentioning rates | 45 days bar under SARFAES1 Act: HC upholds Tribunal's verdict | JeM militant's body recovered from Pulwama | Back-to-back accidents disrupts traffic movement on Jammu-Srinagar Highway | HC directs Govt to consider claims of teachers in terms of Govt Order no 940, SRO 339 | 2018 will be less challenging; 'Operation all-out' to continue in Kashmir: DGP | Lt Gen Anbu reviews security situation in Kashmir | HC quashes PSA as detaining authority fails to fulfill criteria | At 5.1 degrees Celsius, Jammu records coldest night of season | Harsh seeks ex-gratia of Rs 1 crore for martyrs | Health Deptt employees hold meeting | JDA remove encroachment in Trikuta Nagar | PDP-BJP Government pursuing anti-youth policies: Jan | MGNREGA employees hold protest in Samba, demand regularization | Police seize heroin worth Rs 1 cr, one held | IGP Traffic reviews traffic arrangements in City | RTI exposes bureaucratic lethargy to issue PRC | KKHMS members highlight demands | Alliance with BJP in J&K, a bold move by Mehbboba Mufti, now durable: Haseeb Drabu | J&K Bank appoints kin of slain guards, provides financial relief of Rs 20 lakh | VKPS organizes multi specialty health checkup camp at Jagti | Welfare Society Guru Nanak Nagar celebrates 'Vijay Diwas' | Omar questioning NGT's ban on chanting of hymns at Amarnath Cave shrine interesting | Congress leader from Banihal also close to Left leaders | Admin wakes up asks 'erring' shopkeepers to remove encroachments | PDD fails to submit report on revamp of power distribution system | Negativism on part of separatists cause of industrial sickness in J&K | Doctor accused of misbehaviour | Sacked J&K teacher couple declines reinstatement offer | Despite complaint by locals, PWD reluctant to restore nullah in Govindsar Panchayat | J&K Bank directed to freeze account of HPMC | Acute crisis in delivery of governance in Jammu and Kashmir, says Omar Abdullah | If we kill 200 terrorists, 200 more will come from Pakistan: CM Mehbooba Mufti | PCJ organises two-day Chess, Carrom C'ship for journalists | BLSKS presents 187th musical play “Doli” | LWWS stages nukkad play | Rotary mega car rally reaches Jammu | Rafiq lambasts District Administration Poonch | NPSU burns effigy of BJP-PDP Government for betraying Jammuites | DGP inaugurates Live Surgical Workshop | HSS stages protest against NGT order | Gaddi-Sippi tribe leader passes away | Indian Army White Knight Corps | JKLADCSA urges Govt to remove pay anomalies | Football tournament begins | Education awareness programme organized | Police foils bovine smuggling bid | KV Domana celebrates annual sports day | JP World school students selected for national tournament | Inter-House role play competition organized | KIDZEE students bag 15 medals in Karate championship | Roller skating championship cum selection trails from Dec 22 | Harvest School celebrates Vijay Diwas by holding special prayers | RMG International School celebrates Annual day | GDC Paloura organizes Vijay Diwas | KP Exodus & Betrayals | Joint forest management | Birth Anniversary of Maharaja Hari Singh | 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
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU