Weak evidence in NDPS case leads to man’s acquittal

The judge noted that as per the prosecution story, of 2.5 kg poppy husk, two samples weighing 250 gm each were separated on the spot leaving 2 kg in bulk. Of this, the Ilaqa magistrate withdrew a representative sample of 250 gm and
the remainder should have weighed 1.75 kg.

However, police deposed before the court that the remaining bulk parcel contains 1.50 kg, and the prosecution failed to explain the discrepancy. “Learned Additional Public Prosecutor (HS Rakkar) failed to reconcile the discrepancy, benefit of which must go to the accused,” said the judgment.

Another minor but interesting anomaly was that of the missing ‘P’ in the seal impression of the then Ilaqa magistrate Pamel Preet Grewal before whom the case property was produced. Perusal of records showed that she resealed the bulk as well as the representative sample with her seal bearing the impression ‘PPG’ and not ‘PG’ as was deposed by both the recovery witnesses and Head Constable Raj Kumar.
“Interestingly, when the case property was produced in the court, the bulk and the sample were not bearing seals of PPG,” the court noted.

Moreover, a photographer took pictures at the time of sampling but the photographs ‘which could have explained the discrepancy’ were not produced in the court and ‘it seems that the prosecution has purposely withheld those photographs,’ said the judge.

He further observed that no independent witness who could had proved authenticity of the official testimonies was joined during the arrest, search or sampling.

“I find that the prosecution could not establish a link between the accused and the contraband allegedly recovered in the case… the link evidence is missing,” Mangla said while acquitting Jaskaran.