New Delhi: A Delhi court has acquitted a
man of charges of drug peddling, saying there were "major
discrepancies" in the statements of police officials who
probed the case.
Special Judge Sudesh Kumar acquitted Javed, a resident
of Badayun in Uttar Pradesh, wondering how a police officer
could investigate two cases at different places at the same
"How can a person be present at two different places at
the same time and further how an investigating officer (IO)
can investigate two FIRs at the same time. This suggests that
Sub Inspector (SI) 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, adding 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.
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
(SHO) 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 about 11.10 pm, sub inspectors
Lalit Mohan and Dharmender and Head Constable Sahdev reached
the spot whereas SI Lalit Mohan, during his cross examination,
by defence counsel, has deposed that he had gone all alone to
"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.