The High Court of Jammu & Kashmir and Ladakh recently acquitted a man from Nepal who had been arrested by the Jammu & Kashmir police in 2014 for possessing a narcotic substance, 'Charas,' in Ladakh. The individual had been convicted by the trial court in 2016.
A Division Bench of Justices Atul Sreedharan and Sanjay Dhar held that the prosecution failed to establish the case against the accused, Prem Kumar, beyond a reasonable doubt.
As a result, the Bench overturned the trial court's judgment and ordered the release of Kumar, who had already served nine years of his 11-year sentence imposed by the trial court in 2016.
"We hold that the prosecution has not been able to prove the case against the appellant beyond reasonable doubt. The appeal is allowed. The impugned order is set aside. The appellant is acquitted and shall be released forthwith if not required in any other case," the order said.
Advocate Meharban Singh appeared for Kumar.
Central Government Standing Counsel Rohan Nanda appeared for the respondents.
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