Cites prosecution’s evidence, procedural lapses
Srinagar, Sep 20 :
Srinagar Court has acquitted three accused persons in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing serious lapses in the prosecution’s evidence and procedures.
After hearing prosecution and defence counsel Advocate Marouf Khan, the Court of First Additional Sessions Judge, presided by Khursheed-ul-Islam, said that prosecution failed to establish a crucial link regarding the handling and sealing of the seized contraband.
“The prosecution has not been able to prove its case beyond reasonable doubt,” the Court said as per the news agency—Kashmir News Observer (KNO), emphasizing the court’s duty to uphold standards of proof, especially in cases carrying potential sentences of up to ten years’ rigorous imprisonment.
While referring to various provisions of law and Supreme Court judgments, the Court observed that no forensic science laboratory (FSL) form was prepared at the time of seizure, which is mandatory under the NDPS Act. This oversight raised doubts about the integrity of the evidence presented.
Earlier, Advocate Khan pleaded that the alleged recovery of narcotics occurred on February 28, 2022, but the samples were only sent to the FSL nine days later. “The prosecution could not justify this delay, nor did they provide the Malkhana Register to demonstrate that the seized items were stored properly at the police station,” he submitted.
The court extended the benefit of doubt to the accused—Muneer Ahmad Dar, Suhail Yousuf Sheikh, and Mohammad Ashraf Hajam—acquitting them of all charges. According to the charge-sheet, the case stemmed from a Naka (checkpoint) search conducted on February 28, 2022, by personnel of Police Station Budgam.
As per prosecution, Police had intercepted a vehicle at Hyderpora, and during the search, 21 bottles of Welcyrix were recovered from the three accused—Muneer Ahmad Dar, Suheel Yousuf Sheikh, and Mohammad Ashraf Hajam.
The prosecution claimed that the accused were engaged in illegal narcotics trafficking with the intention to sell the drugs at exorbitant prices, thereby targeting the youth and contributing to the growing drug menace in the region—(KNO)