Excelsior Correspondent
JAMMU, Mar 3: High Court of Jammu & Kashmir and Ladakh has set aside conviction of Abdul Hamid Bhat, who was awarded 10 years RI by the Principal Sessions Judge Pulwama in NDPSA case.
“It is clear that in the instant case, the investigating agency has violated the mandate of Section 42 of the NDPS Act. Besides this, the evidence as regards the search, seizure and sealing of the contraband is contradictory in nature”, Justice Sanjay Dhar said.
“The prosecution has also failed to establish safe custody of the samples. These circumstances along with the circumstance that the complainant in this case happens to be the Investigating Officer of the case as well and no independent witness despite availability of such witnesses on spot, has been associated in the process, makes the case of the prosecution unreliable”, High Court said.
“The impugned judgment of conviction passed by the trial court in these circumstances cannot be sustained and is liable to be set aside. Accordingly, the appeal is allowed and the impugned judgment of conviction and the order of sentence are set aside. The appellant is directed to be released from the custody”, read the judgment.
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