Srinagar: A local court in the summer capital, Srinagar, has directed police department to hold departmental inquiry against an officer who took a U-turn during deposition resulting in acquittal of an accused in charas recovery case.
Principal District and Sessions Court, Srinagar, Rashid Ali Dar, after hearing arguments from prosecution and defense counsels ordered acquitted an accused Shabir Ahmad Rather of Koolipora Khanyar who was arrested by police alleging that charas was recovered from his possession after the then Station House Officer (SHO) of police station Khanyar, Mir Rasiq took a u-turn in the court.
The accused was facing charges under section 8/20 NDPS Act.
However, the court directed police department to hold inquiry against the concerned SHO to inquire U-turn by him in his deposition before the court.
Mr Dar said the court was of the opinion that the prosecution has failed to bring home the guilt to the accused beyond reasonable doubt with the result the accused is acquitted of the charge framed against him.
The court directed police department to hold departmental inquiry against Mir Rasiq for portraying in the outline of the case the presence of Mushtaq Ahmad SHO, police station Rainawari on spot and later taking almost U turn in his deposition before the court that there was little probability of presence of Sub Inspector (SI) Mushtaq Ahmad on spot.
The court said therefore conduct of Mir Rasiq requires to be inquired into by the higher officers in the police department by holding a departmental enquiry and taking appropriate action as may be warranted under rules.
Mr Dar in the order directed that the copy of the judgment be sent to Director General of Police J&K for taking appropriate action in the matter and inform the court accordingly.
The defense counsel questioning the recovery of charas from the accused and pleaded that it was doubtful as prosecution witness Inspector Mir Rasiq has disputed the presence of SHO Mushtaq Ahmad on spot.
He further argued that as per prosecution charas was recovered from the pocket and pant worn by the accused while SDPO in his statement stated that one parcel was found hidden inside the pheran of the accused in a polythene bag.
The counsel said the Investigating Officer (IO) had said that a bag was seized when accused was searched by the constable Ghulam Nabi and Javed Ahmad but Constable Ghulam Nabi has not deposed that he and Javeed recovered the material from the accused.
He further pleaded before the court that prosecution has failed to record the statement of Magistrate who had re-sealed the sample and he ( magistrate) has not been cited as witness in the Challan.
Therefore, the defence counsel said taking the sample before the magistrate for resealing has not been proved and as such mandatory provision of law has not been followed by the Investigation officer which makes the prosecution story doubtful.
The police in this case had booked accused Rather under section 8/20 NDPS Act on October 21, 2004 and clime to have recovered 3 kg and 200 grams Charas from his possession.
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