Excelsior CorrespondentJAMMU, Oct 29: Shoddy analysis has led to absolution of three accused appointed beneath Narcotics Drugs and Psychotropic Substances Act (NDPSA) afterwards 18 years continued balloon by the Principal Sessions Judge Kulgam Tahir Khurshid Raina.As per the prosecution, on 18.07.2003, Badge anxious accustomed an advice through reliable sources that accused Bashir Ahmad Dar and Rashid Dar, sons of Late Salam Dar of D H Pora Kulgam were complex in biologic barter and they accept kept hidden poppy harbinger in their residential houses for auction purposes.On accepting this report, the case beneath FIR No. 88 of 2003 for the agency of offences amiss beneath Section 8/15 NDPS Act was registered and badge aggregation accomplished the abode of the Bashir Ahmad Dar and recovered one kilograms of opium.The accused was arrested and on 20.07.2003 and on his acknowledgment one and bisected kilograms of Ganja and one kilogram and 300 grams of poppy harbinger were additionally recovered. On 25.07.2003, Rashid Dar was arrested and on his acknowledgment and identification on 27.07.2003, from the cowshed of Abdul Gani Dar, son of Aziz Dar three kilogram Ganja was recovered and he was additionally arrested.After audition both the sides, Principal Sessions Judge Kulgam Tahir Khurshid Raina observed, “I begin absolute contravention of the binding accoutrement of the NDPS Act in this case”, abacus “in ambience of demography of declared sample actual and its able depositing in the FSL, as per the report, it was Constable Mohammad Yousuf from whom they accustomed the same”.“On activity through his deposition, I accept begin actually no advertence with attention to accustomed of sample of bedeviled actual by him to FSL. This was a actual actuality to be declared by the attestant and a articulation affirmation to be accepted by him only, but he fabricated no advertence to it”, the Judge said, abacus “it was added to be austere by IO of the case but he too has not appeared as attestant in the case. And this important articulation affirmation remained beginning in the court”.“Though the declared bedeviled banned is opined by the FSL as Cannabis, Ganja and Opium. However, the FSL able has not appear afore the cloister to prove the capacity of the report”, the Judge said, abacus “the capacity of the letter of the SDPO as able-bodied as the agent of the letter and the actual has to accepted in the court. In the burning case neither the SDPO Kulgam who has beatific the letter to the FSL has appeared as witness, nor the agent of the aforementioned has said annihilation with advertence to same. Hence the address of FSL remained beginning in the Court”.“Taking the holistic appearance of the affirmation on almanac and the absolute non-compliance of the accoutrement of the Act, I am absolutely bright in my cessation that case has bootless to prove the allegation adjoin the accused above reasonable doubt”, the Judge said while absolution them of the charges. They accept additionally been absolved of their claimed and aggressiveness bonds.
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