Updated: August 20, 2021 10:08:49 pm
A man, who was allegedly nabbed with 20 grams of heroin on him, has been acquitted by a Panchkula court that said that the police had made varying statements in the case and stated that the accused may have been falsely implicated.
The court of Sessions Judge, Deepak Gupta, while acquitting the accused on August 12, observed, “This court is conscious of the fact that when statements of witnesses are recorded after a long time of the commission of the crime, some variations regarding time are bound to occur. However, when variations/contradictions appearing in the statements of witnesses are so material and the same remains unexplained on part of the prosecution, then the benefit of the doubt should go to the accused, as the court cannot rule out the possibility of false implication.”
Holding that the prosecution was not able to prove recovery of contraband from the possession of the accused, in the manner projected by it, beyond the reasonable shadow of a doubt, the court acquitted the accused of the charge.
The statements of at least two police officials, one of whom had apprehended the accused, varied in timelines by a huge difference in this particular case.
Furthermore, the court observed that “the recovery of contraband itself from the accused in the wee hours of July 23, 2018, appears to be highly suspicious, with regard to the numerous material contradictions appearing in the statements of prosecution witnesses.”
The defence counsel, during the hearing of the case, had argued that inventory report in the case has not been prepared by SHO, which is a requirement of law, and rather, the same has been prepared by a Sub-Inspector, which is contrary to the law — a point that the court held valid.
The incident dates back to July 23, 2018, around 3 am, when a police team at Industrial Area, Phase-I, Panchkula was on patrol duty in a private vehicle. Around 03.15 AM, the team had spotted the accused coming on an ungeared scooter from the side of railway crossing, Sector 19, Panchkula.
The police alleged that after seeing them the man had abruptly turned around and tried to flee. He was then apprehended on suspicion. As soon as he was arrested, the accused had taken out a polythene envelope from his right pant pocket and tried to throw it away. The material in the polythene was later searched and found to be 20 grams of heroin, following which the man was arrested and booked under sections of the NDPS act.
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