Srinagar: A court here has acquitted two persons who were arrested by police two years ago and were subsequently charge-sheeted under various provisions of NDPS Act.
According to the prosecution story, on 24th of March 2022, Police during Naka checking stopped a vehicle and narcotic drugs including Spasmoproxvon strips were recovered from them. It said the accused persons on spot could not provide any justification for having the possession of Narcotic substance and subsequently FIR No. 15/22 under Section 8/21 , 29 NDPS Act was registered in the Police Station Khanyar and the investigation taken up.
“Prosecution has not been able to prove its case beyond reasonable doubts against the accused persons , as such by extending the benefit of doubt, I acquit accused persons namely Shabir Ahmad Ranzoo S/o Ghulam Mohammad Ranzoo R/o Mallabagh Hazratbal, Srinagar and Zahoor Ahmad Bhat S/o Ghulam Mohammad Bhat R/o Budoobagh Khanyar, Srinagar of the charge(s) framed under section 8/21-29 NDPS Act in the instant case FIR No 15/2022 of Police Station Khanyar,” 1st Additional Sessions Judge Srinagar Khursheed-ul-Islam said.
The prosecution, the court said, has failed to prove that seized contraband was sealed on spot being mandatory under NDPS Act.
“Further prosecution has not succeeded in proving before this court during the trial that right from the stage of seizure of the contraband to the stage of handing over samples to the public analyst, the samples remained in safe custody and were got properly re-sealed and also that seals remained intact,” the court said, adding, “This is a serious infraction which vitiates the trial.”
One should not forget that the stringent provision is provided under the NDPS Act where the sentence is very severe, the court said. “It cannot be less than 10 years Rigorous imprisonment and a fine of Rupees one lac. Therefore, it is the duty of the Court to insist for the standard of proof beyond shadow of all reasonable doubt against the accused and to see that the investigation is not faulty at any stage,” the court said, adding, “As observed hereinabove, the investigation in this case is very weak on vital issues.”
The accused persons were represented by Advocate Mohammed Abdullaha Pandit and associates including Advocate Abu Owais Pandit, Advocate Adil Pandit, Advocate Mohd Amin Lone and Advocate Anil Raina.
