Srinagar, April 10: While drug trafficking is a societal menace, convictions must rest on legal evidence, not moral outrage, the Court of Special Judge (NDPS Cases) Srinagar has held as it acquitted a man accused by police of carrying 40 bottles of a narcotic substance known as Corex along with 211 capsules of Spasmo Proxyvon in city in 2022.
According to prosecution, one Aijaz Ahmad Bhat son of Bashir Ahmad Bhat, a resident of Budoo Bagh Srinagar, was arrested by police during patrolling near Nowpora on July 9, 2022.
Besides Corex bottles capsules of Spasmo Proxyvon, a cash amount of Rs 18,150, and a mobile phone were seized from his possession, police said. Subsequently, a case (FIR) was registered and after investigation a charge-sheet was presented before the court. Subsequently trial ensued and the court of Special Judge (NDPS cases) Vinod Kumar acquitted Bhat, observing that the prosecution’s narrative of recovery and forensic confirmation has been undermined by unsealed evidence, delayed sampling, missing witnesses, and quantity discrepancies.
The court underlined that Article 21 guarantees a fair trial, including procedural safeguards under the NDPS Act. The accused’s cross-examination exposed violations—unsealed evidence, delayed processes—undermining fairness, the court said.
“The prosecution has not proven the offence under Section 8/21 beyond reasonable doubt,” the court said, and acquitted Aijaz Ahmad Bhat. The accused was represented before the court by Abu Owais Pandit and Associates.
