Court acquits charas smugglers
08/01/2019
JAMMU, Jan 07: 2nd Additional Sessions Judge Jamu VS Bhou acquitted Asif Ismail Sheikh son of Ismail Sheikh resident of H.No. 75 Gali No. 1 P.S Naya Azad Nagar Malegaon District Nasik Maharashtra alleged Charas Smuggler as Narcotic Control Bureau miserably failed to prove its case.
While acquitting the accused, court observed that n the basis of evidence on record and keeping in view my above discussion, I have no hesitation to hold that the case of the complainant suffers for non-compliance of statutory provisions contained under section 42, 50 and 67 of the NDPS Act and in view of the law referred herein above on this count only the case of the complainant can be dismissed. Further there are material contradictions pointed out herein above on the basis whereof accused cannot be convicted. The complainant has miserably failed to bring guilt home against the accused on one hand for non-compliance of statutory provisions and on the other hand due to contradictory evidence beyond reasonable shadow of doubt.
The benefit of doubt shall go to the accused, who faced the trial. So, the complaint against him fails and is accordingly dismissed. JNF
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