Baramulla, August 20: A Special Court in Baramulla on Wednesday acquitted two men accused of illegally trafficking poppy straws after facing a long trial of nearly three years.
Special Judge of Special Court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act Abdul Qayoom Mir acquitted and orders release of Ashiq Hussain Mughloo and Jahangir Ahmad Lone, both residents of Khushalpora Chanad in Baramulla accused of trafficking 300 kilograms of poppy straw, ruling that the prosecution failed to prove the charges beyond reasonable doubt.
The duo was under custody since their arrest in November 2022. The duo was apprehended by a police naka party at Zangam Crossing, Pattan, while travelling in an Alto car allegedly carrying 11 sacks of fuki (poppy straw).
Police claimed that the consignment, weighing 300 kg, was meant for sale among youth. An FIR under 313 of 2022 and Sections 8/15/29 NDPS Act was registered at Pattan Police Station, and the charge sheet was filed in January 2023.
During the trial, the court heard testimonies of 10 prosecution witnesses, including the naka in-charge PSI, accompanying policemen, the Investigating Officer (then SHO Pattan), and the Executive Magistrate. However, their statements revealed glaring inconsistencies.
While some witnesses deposed that all 11 bags were opened and checked on the spot, others said only one bag was opened and the rest taken to the police station unopened. There were also three contradictory versions about the source of the weighing machine used to measure the contraband—one said it was brought from the police station, another claimed it was taken from a shopkeeper, and a third testified that a constable delivered it on the I.O.’s directions.
Further, photographs of the seized material uploaded by police showed unsealed sacks, which witnesses admitted were “dummy bags prepared for the sake of photographs,” raising doubts about the integrity of the seizure.
The court noted that mandatory provisions under Section 52A of the NDPS Act, which require samples to be drawn and sealed at the spot in the presence of accused and independent witnesses, were not complied with. The recovery and seizure memos did not bear signatures of the accused. No independent witnesses from the busy highway naka point were associated with the recovery.
According to a 40-page judgment pronounced on Wednesday, Special judge Abdul Qayoom Mir stated that the prosecution also failed to produce the Malkhana register or examine its in-charge to prove safe custody of the seized material.
Court further observed that the chain of custody of samples sent to the Forensic Science Laboratory (FSL) was broken, as neither the SDPO who forwarded the samples nor the constable who carried them was examined during trial. “These omissions cast a serious shadow of doubt on the prosecution case and suggest a possibility of tampering,” the judge observed.
Holding that the presumption of culpability under Sections 35 and 54 of the NDPS Act could not be invoked without proving recovery and conscious possession beyond reasonable doubt, the court concluded:
“Prosecution evidence in the present case is replete with material contradictions and serious discrepancies. Mandatory provisions of the NDPS Act have been observed in breach by the Investigating Agency. The evidence is not inspiring and not of the required standard. Accordingly, prosecution has failed to prove the charge against the accused beyond reasonable doubt.”
The court ordered both accused to be set free from District Jail Baramulla unless required in any other case. It also directed that the seized material be destroyed after the appeal period is over, as mandated under the Act.
The state was represented through Special Public Prosecutor Akhter Rasool Dar while both the accused were present at the time of pronouncing the judgement through Video call from District Jail Baramulla.
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