New Delhi, A Delhi court has acquitted two men accused of possessing heroin, saying that the prosecution failed to prove its case due to a lack of independent witnesses.
Special Judge Gajender Singh Nagar was hearing a case against Kaisher and Aakil, who were accused in a case registered at Nand Nagri police station under Section 21 of the Narcotics Drugs and Psychotropic and Substances Act.
In an order dated March 16, the court said, “Prosecution has failed to prove beyond a reasonable doubt the presence of the raiding team at the spot at the time of alleged recovery and recovery of contraband from the accused persons, which raises doubts in the mind of the court as regards the story of the prosecution.”
According to the prosecution, the two accused were apprehended on May 14, 2023, near Peeli Mitti Park in northeast Delhi, and were allegedly found carrying 33.61 grams and 67.47 grams of smack, respectively.
However, the court found serious deficiencies in the prosecution’s case, particularly noting contradictions in the statements of police witnesses regarding the circumstances of apprehension.
“The testimonies of the police officials suffer from material contradiction, which raises serious doubt over their version of recovery,” the judge said.
The court noted that the police failed to associate any independent public witness despite the alleged recovery taking place in a public area.
Further, the court also highlighted the absence of corroborative evidence, such as CCTV footage or videography of the search and seizure.
No sincere efforts appeared to have been made to associate independent persons with the investigation, it said.
“Benefit of doubt would go in favour of the accused persons,” the judge said while acquitting both men.
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