Convictions must rest on legal evidence, not moral outrage: Court

Srinagar, Apr 10: Observing that convictions must rest on legal evidence, not moral outrage, a court here acquitted a man in a case under Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Court of Special Judge (NDPS Cases), Srinagar, Vinod Kumar   acquitted Aijaz Ahmad Bhat of Budoo Bagh, Khanyar Srinagar of charges under Section 8/21 of the NDPS Act in FIR 37/2022, Police Station Khanyar.

The court acquitted the accused after coming to the conclusion that in light of the evidence and law, the prosecution had not proven the offence under Section 8/21 beyond reasonable doubt.

The Court held the accused entitled to acquittal in keeping with the Supreme Court judgment titled Sharad Birdhichand Sarda v. State of Maharashtra, which it said, required a seamless chain of evidence and NDPS precedents.

The Court underscored that the prosecution’s narrative of recovery and forensic confirmation was undermined by unsealed evidence, delayed sampling, missing witnesses, and quantity discrepancies.

“These flaws, unaddressed, preclude conviction under the NDPS Act’s rigorous standards, per Mohan Lal v. State of Punjab”, the court said.

The Court observed that while drug trafficking is a societal menace, convictions must rest on legal evidence, not moral outrage.

After acquitting the accused, the court ordered that he shall be released immediately if not wanted in any other offence or case.

The prosecution case was that on July 9, 2022, a team of police while patrolling noticed an individual carrying a white bag moving from Nowpora towards Budoo Bagh.

Upon spotting the police, he attempted to flee but was successfully apprehended by the team. Upon initial questioning, the individual Identified himself as Aijaz Ahmad Bhat, a resident of Budoo Bagh, Srinagar.

A search of his bag revealed 40 bottles of a narcotic substance known as Corex, along with 211 capsules of Spasmo Proxyvon, a cash amount of Rs 18,150, and a mobile phone, the prosecution said. These items, it said, were seized as evidence, and a seizure memo was prepared accordingly.

The Prosecution said that the evidence collected and statements recorded during the investigation led to the establishment of an offence under section 8/21 of NDPS Act against Bhat, resulting in his arrest.

The seized narcotic substances were presented before the Executive Magistrate Ist class Khanyar, sealed in separate packets, and sent to the Forensic Science Laboratory (FSL) for expert analysis. The FSL's opinion confirmed the offence under section 8/21 of the NDPS Act committed by the accused.

At the time of the report, Bhat was being held in Central Jail Srinagar on judicial remand, leading to the preparation of the challan Complete set of copies were supplied to the accused.

After hearing arguments, allegations were read over and explained to the accused to which he pleaded not guilty and claimed trial.

The accused was represented by Advocate Abu Owais Pandit and Associates.