The special Narcotic Drugs and Psychotropic Substances (NDPS) Act court of the Thane Sessions Court has acquitted a Chiplun-based resident who was arrested by the Anti-Narcotics Cell (ANC), Thane, in 2014 for allegedly being in possession of approximately 25 kilograms of ganja. While acquitting the 45-year-old accused, the court observed that, before assessing the reliability of the witnesses’ statements, it must be stated that the entire prosecution case was “nothing but an exercise full of sound and fury, signifying nothing.” Under such circumstances, the court held that the prosecution had failed to prove the guilt of the accused under the NDPS Act.
The court further noted that the prosecution had failed to prove its case beyond reasonable doubt, citing numerous technical errors. “The reason is that the C.A. samples were neither collected in the presence of the Magistrate for submission to the Chemical Analyzer, nor was there any inventory certification before the Magistrate, as required under Section 52-A of the NDPS Act,” the court stated. (Section 52-A mandates the officer concerned to submit an inventory list of seized material to the Magistrate.)
The court also highlighted discrepancies regarding the weight of the seized contraband. Initially, the contraband was recorded as weighing 21.200 kilograms. However, upon re-measurement requested by the accused, the weight was found to be 20 kilograms. Furthermore, there was incomplete compliance with Section 42 and no detailed compliance with Section 50 of the NDPS Act. According to Section 50, the accused must be informed of their right to have the search conducted in the presence of a Gazetted Officer or Magistrate.
The court criticized the prosecution for the inconsistencies and reiterated that the discrepancies, including the differing weights of the contraband, made it impossible to conclude that the accused was guilty under the NDPS Act.
According to the prosecution, Mahendra Chavan was arrested by the Thane ANC following a tip-off that he was allegedly transporting 21 kilograms of ganja. However, Chavan denied the allegations, claiming that he was falsely implicated by the police and that no contraband was found in his possession.
