What people need to understand once NCB files the case.. they are more accountable in the eyes of law then the accused.
They have to do everything according to the rule book.. in fact there is a check book for the NCB and their entire case can be disregarded if they make faults along the way.
Here for example:
Court acquits man in NDPS case, cites ‘doubtful, perfunctory probe’
The court observed that the investigation into the case has been conducted in a "perfunctory manner with a scant regard" to the established principles of law.
After hearing prosecution and defense counsel, the court of first additional sessions judge, Srinagar Rajinder Sapru said the prosecution has not only failed to show there was compliance to the mandatory procedural safeguards incorporated under the Act but has also failed to explain the "doubtful patches" emerging in the prosecution evidence.
While referring to various High Court and Supreme Court judgments, the court said it was settled that convictions cannot be awarded on the doubtful testimonies of witnesses and serious lapses on the part of the investigating agency.
The court said each and every lapse in complying with mandatory provisions of law was required to be explained by prosecution before claiming a conviction of the accused.
"But in this case it is evident that the investigating agency has failed to do what was required of it, keeping in view the provisions of NDPS Act and so the prosecution has failed to connect the accused with the commission of alleged offence," the court said.
It said the evidence brought on record at the most may be taken to give rise to a suspicion that offence alleged may have been committed by the accused. "Suspicion, however, strong cannot take place of the cogent proof," the court said.
"As a result, the prosecution has failed to prove its case beyond a reasonable doubt. Hence, benefit of doubts left in the prosecution case is given to the accused. The chargesheet as such fails and therefore, is dismissed and consequently, the accused is acquitted of the charges," the court said.
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