A Muzaffarnagar man spent a decade facing an NDPS case before finally walking free, with the court observing that “circling the courts for 10 years is in itself a punishment” and warning about the mental toll caused by prolonged legal battles.
A Muzaffarnagar man spent a decade facing an NDPS case before finally walking free, with the court observing that “circling the courts for 10 years is in itself a punishment” and warning about the mental toll caused by prolonged legal battles. Additional Sessions Judge (Fast Track-No 3) Ravi Kumar Diwakar acquitted Ashok Bharati on Thursday in the decade-old case, saying that “the mental trauma caused by such a delay can hardly be imagined”.
The judge, who has recently been in the news for delivering a series of capital punishment verdicts, also invoked a famous dialogue from the movie ‘Damini’, referring to courts passing “date after date, instead of justice”.
Judge Diwakar also referred to the recent recall of 97 ‘part-heard’ cases from his court by a district judge, who has since retired.
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A part-heard case refers to a proceeding in which the trial or hearing has already begun but arguments, evidence or other stages remain incomplete. The judge observed that such a case cannot be recalled once its trial or hearing has commenced unless the law's requirements are followed.
Referring to CrPC Section 412 and Section 452 of the BNSS, Judge Diwakar said reasons must be recorded for such orders. He noted that the recall orders in question contained no reasons and were therefore not “speaking orders”.
The judge stressed that judicial and administrative powers must operate within the boundaries prescribed by law.
What happened in the 2015 NDPS case?
According to the prosecution, Ashok Bharati, a resident of Patel Nagar in Muzaffarnagar, was arrested on October 21, 2015, near Bharatia Colony. Police claimed that 150 grams of ‘charas’ was “recovered from his kurta’s right pocket”.
However, during the trial, the court found several weaknesses in the prosecution's case.
The alleged recovery took place in a public area, yet no independent witnesses were produced. The court also pointed to discrepancies in the evidence and alleged non-compliance with mandatory provisions of the NDPS Act.
Another significant gap was that the sample seal was not produced before the court. Questions were also raised over how information was communicated to senior police officers.
The court further described the police statements and recovery memo as “stereotyped”, adding to the doubts surrounding the prosecution's case.
The case was registered in 2015 and the charge-sheet was filed in 2016. Nearly 10 years later, Bharati was acquitted after the prosecution “failed to prove the charges against him beyond reasonable doubt”.
Judge's remarks on 97 recalled cases
The ruling also comes amid scrutiny over the transfer of 97 pending files involving heinous offences. These cases were recalled from Judge Diwakar's court and moved to the court of the district and sessions judge on August 19.
The move came days after it emerged that Judge Diwakar had awarded death sentences to convicts in murder cases over a period of four months.
