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Miserbaly failure of prosecution leads to acquittal of charas smugglers
8/19/2019 10:14:23 PM
Early Times Report
Jammu, Aug 19: 2nd Additional Sessions Judge Jammu VS Bhou acquitted two accused namely Mohd. Akbar Son of Qasim Sheikh Resident of Room No. 33, Samad Patel Chawl, Chawra Bazar, Mumbai Dharavi, Maharashtra and Akil Son of Qadir Sheikh Resident of Z0- 133, Agasavadi Vibhag, Dharavi Road (S. Khand-7), Mumbai City, as prosecution miserably failed to prove its case.
According to the police case that on 04.04.2017 ASI Ahmed Din was on patrolling duty at Bus Stand Jammu from where he wrote a docket, that he along with other Police personals were doing checking and frisking in Bus Stand area and during the course of checking at about 07:30 pm, near B.C. Road Jammu, two persons who were coming from K.C. Chowk and were going towards Jewel Chowk Jammu, were stopped for checking out of which one person was having a black colour bag in his hand and the same was checked and during checking of the bag one parrot colour polythene bag was found in which four packets were found inside the bag and the same were wrapped with brown tape, the same were opened for checking in which Charas like substance was recovered and two Aadhar cards were also recovered from the bag and on inquiry the person who carried the bag in his hand disclosed his name as Akbar Sheikh S/o Qasim Sheikh R/o Mumbai and the other person disclosed his name as Aakil S/o Qadir Sheikh R/o Mumbai and the same had been kept by them for selling purposes as such they had committed offence under section 08/20/29 NDPS Act.
2nd Additional Sessions Judge Jammu after hearing Advs Prince Khanna and Sumit Khajuria for the accused persons observed that 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 are acquitted of the charges for alleged offence and they be set free forthwith by concerned jail authority if not required in any other case.
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