A Delhi Court today acquitted a suspected Hizb-e-Islami militant on charges of carrying RDX four years ago.
Additional Sessions Judge Madhu Jain absolved Nazir Ahmed Khan, 42, of various charges under the Explosive Substances Act.
Khan, a resident of Mendser in Jammu and Kashmir, was apprehended by Delhi Police's special cell on June 4, 2005 from Daryaganj on a tip off. The police allegedly recovered 490 gram of RDX from his possession.
The Court, however, in its judgement allowed a contention of defence counsel M S Khan that the police had failed to take mandatory sanction for prosecution of the accused from the competent authority (District Magistrate/Divisional Commissioner) under the Act.
According to the defence counsel, the mandatory sanction was a condition precedent of the trial but in this case the prosecution took the sanction from Commissioner of Police which was invalid.
The prosecution which later obtained fresh sanction from Divisional Commissioner, however, could not impress upon the court which acquitted the accused.