The sessions court's direction to the commissioner came while setting aside the conviction and five years' jail term awarded to a man in the case by a magisterial court, saying the trial court has committed "serious error of law by ignoring glaring discrepancies" in the prosecution case.
Additional Sessions Judge (ASJ) Sanjay Sharma allowed the appeal of Kharak Singh, resident of Ghaziabad in Uttar Pradesh, and acquitted him in the arms case.
"In view of the discrepancies, inconsistencies, lapses and contradictions in the investigation, this court is of the opinion that there are serious doubts about the authenticity of the prosecution case.
"It appears that it was a planted case. The recovery of arms and ammunition had not taken place in the manner and on the date, time and place as alleged by the prosecution," the sessions court said.
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The court directed the Police Commissioner to conduct an enquiry against a head constable and other members of the raiding team and take appropriate action after fixing their responsibility.
It also raised questions over the manner in which sanction for the prosecution of the man was granted by an additional DCP "without applying his mind".
"It was expected from him that he should have applied his mind to the broad features of the case of the prosecution before granting sanction for the prosecution of the appellant," the court said.