Prosecution failure leads to acquittal of alleged heroin smugglers

JAMMU, AUG 21: Principal Sessions Judge Jammu, Vinod Chatterji Koul today acquitted two alleged heroin smugglers namely Ved Parkash and Rajinder Kumar alleged Heroine Smugglers, as prosecution miserably failed to prove its case.
Brief facts of the case are that on 17.11.2011 Inspector Vikas Sharma No: 7879/NGO of SOG Jammu had alongwith police party established a special Naka at NHW Daskal Khud Akhnoor for checking vehicles at about 1530 hours. While he alongwith police party was checking the vehicles two persons having bags in their hands, who were waiting for lift, on seeing the police party tried to escape. On suspicion police party chased them and they were nabbed on the spot. During questioning they disclosed their names as Ved Parkash, s/o Gian Chand of Jammu and Rajinder Kumar, s/o Shanker Dass of Gandgal Chowki Choura, Tehsil Akhnoor. Their personal search was conducted and during search 3 packets of contraband powder alleged to be heroine was recovered from the bag of Ved Parkash and 7 packets were recovered from Rajinder Kumar. Vikas Sharma prepared a docket and forwarded same to the P/S Akhnoor and FIR No: 259/2011 was registered. Investigation of the case was entrusted to Inspector Mahesh Sharma, SHO P/S Akhnoor and during investigation he seized/sealed the packets, separated sample and prepared the separate packets of samples and remaining packets.
Principal Sessions Judge Jammu, Vinod Chatterji Koul after hearing Advocates AR Khan and Prince Khanna for the accused, observed that prosecution has to prove and establish that the provisions of the Act were complied with and there is no violation of the provisions of the Act. It is clear from the evidence on record and the evidence produced by the prosecution that the investigation in this case has been conducted in violation of the provisions of the NDPS Act and the IO has not been produced in this case. His statement was required to be recorded to explain the discrepancies in the prosecution evidence. He was to say how he took the samples for re-testing and whether any sanction or permission was sought for the same or not. In this background it is held that non production of the IO is also fatal to the prosecution case.
With these observations the Principal Sessions Judge Jammu Vinod Chatterji Koul held that the prosecution has miserably failed to prove the charges against the accused as a result of which the challan is dismissed for want of proof beyond reasonable doubt and accused are acquitted. JNF