NEW DELHI: Stating that there were "major discrepancies" in the statements of police officers, a trial court has acquitted a man who was arrested for his alleged involvement in drug peddling.
Special Judge Sudesh Kumar acquitted Javed, a resident of Badayun in Uttar Pradesh, while taking note of the fact that sub-inspector Mohan was in the field probing another case on that day, when the present case too was shown to have been investigated by him.
"How can a person be present at two different places at the same time and, further, how can an investigating officer investigate two FIRs at the same time. This suggests that sub-inspector Lalit Mohan (second IO of the case) has made false deposition. This strengthens the stand taken by the accused that he has been falsely implicated in the present case," the judge said.
The prosecution had claimed that Javed was apprehended by a police party in March 2010 within Jafrabad police station area and was found in possession of over one kilogram of charas, a narcotic substance. Javed denied the allegation saying he was called to Jafrabad police station by the then station house officer through his father-in-law Asfaq, on the pretext of making some enquiries. But, on reaching there, he was falsely implicated in the case, he said.
The court, while pronouncing its order, also took into account that the officials had contradicted each other in their depositions made before it. "SI Satender Pal Singh (first IO of the case) during his examination has deposed that at 11.10pm, sub-inspectors Lalit Mohan and Dharmender and head constable Sahdev reached the spot. However, SI Lalit Mohan, during his cross examination, by defence counsel, has deposed that he had gone all alone to the spot... This is again a major discrepancy which renders the visit of the second IO at the spot doubtful," the court noted.
The court acquitted Javed saying the prosecution has failed to establish its case against the accused charged under the penal provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.