Special NIA Court acquits man in 2022 Ganderbal grenade case

GANDERBAL — A Special NIA Court in Ganderbal has acquitted Asif Bashir Khan in a 2022 grenade attack case after holding that the prosecution failed to establish the charges against him beyond reasonable doubt.

The case relates to a grenade attack on a police post in the Zeergund area of Ganderbal on February 7, 2022. Khan had been booked under various provisions of the Unlawful Activities (Prevention) Act, the Arms Act and Section 307 of the Indian Penal Code.

In its order, the court said the prosecution was required to establish the accused’s specific act and intent and could not substitute the seriousness of the incident or subsequent suspicion for legally admissible evidence.

The court also raised questions over key aspects of the prosecution case, observing that the alleged disclosure statement and recovery were not legally sustainable and lacked independent corroboration.

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It noted that the alleged recovery had been made from an open and accessible place. The court further observed that the seized grenade was not sealed at the spot and that the chain of custody had not been properly established.

The court also found that the expert evidence did not establish that the recovered grenade was a live and functional explosive device.

In view of these deficiencies, the court held that the prosecution case did not meet the standard of proof beyond reasonable doubt.

Khan was accordingly acquitted of all charges, with the court directing that he be released forthwith unless his custody was required in any other case.