Srinagar, April 10: In a significant ruling, the court has acquitted Aijaz Ahmad Bhat, a resident of Budoo bagh Khanyar, who was charged under Sections 8/21 of the NDPS Act.
The accused had been arrested for allegedly possessing 40 bottles of Corex syrup, 211 capsules of Spasmo Proxyvon, Rs. 18,150 in cash, and a mobile phone.
“Prosecution has not proven the offence under Section 8/21 beyond reasonable doubt,” told Advocate Abu Owais Pandit to ANH, who represented the accused. “There was no evidence against my client,” he added.
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The prosecution relied on witness testimonies, forensic reports, and procedural documents to establish the case. However, the court pointed out several critical lapses and inconsistencies that raised serious questions about the integrity of the investigation.
Key issues identified by the court included:
- Unsealed Evidence: The seized contraband was not sealed at the time of recovery, in violation of Section 52A of the NDPS Act, compromising the evidence’s authenticity.
- Broken Chain of Custody: Delays in presenting the samples before a magistrate and sending them to the forensic lab suggested potential tampering, weakening the prosecution’s claim.
- No Independent Witnesses: Despite the recovery taking place in a commercial area, no civilian witnesses were brought in to support the official version of events.
- Evidence Discrepancies: There was a mismatch in the number of seized Corex bottles—40 claimed, but only 39 presented in court. Batch numbers were also missing from documentation.
- Unexplained Delays: The three-day delay in submitting samples for legal scrutiny remained unexplained, further eroding the case’s credibility.
- Forensic Report Limitations: While narcotic content was confirmed, the report failed to link the tested samples with the actual seized items due to missing identifiers.
Given these procedural lapses, the court ruled that the prosecution failed to prove the charges beyond a reasonable doubt, as mandated under the stringent provisions of the NDPS Act. Accordingly, Aijaz Ahmad Bhat was acquitted and ordered to be released, provided he was not required in any other case.
The court also directed that the seized property be disposed of in accordance with legal procedures and stressed that law enforcement agencies must uphold strict compliance with procedural safeguards to avoid miscarriage of justice.
The verdict serves as a reminder that procedural integrity is crucial in cases involving serious charges under the NDPS Act, where even minor lapses can tilt the balance of justice.
