Chandigarh: Chain of evidence incomplete, man walks free in drug case

Tribune News Service

Ramkrshan Upadhyay

Chandigarh, June 28

It is the duty of the prosecution to establish the chain of evidence link and even a single flaw/breakage in the chain makes the case of prosecution doubtful.

While observing this, a local court acquitted Rajinder Kumar, alias Mohinder Singh, of Burail village in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act five years ago.

As per the prosecution, the police had arrested Rajinder on June 4, 2019, near the Sector 45 mandi ground with 10 gm of heroin. After investigation, the police filed the chargesheet against the accused. Finding prima facie case, the court framed charges against the accused under Section 21 of the NDPS Act, to which he pleaded not guilty and claimed trial.

The public prosecutor argued that the prosecution has been able to prove charges against the accused. The witnesses also supported the case of prosecution.

Dikshit Arora, the counsel for the accused, argued that the prosecution failed to prove the charges. He said there was a violation of the provisions of Section 50 of the Act. It was mandatory for the investigating agency to serve notice on the accused before starting his personal search, which the agency had not followed. The alleged heroin was recovered from the accused from a public place, but the investigating officer did not have any independent witness.

Arora also argued that the samples of the drugs sent to the CFSL returned as the name of the accused was written wrong as Rajinder Singh. The prosecution failed to prove who took the samples before the magistrate the second time.

The court observed that there was no document to show any effort was made to join the independent witnesses. The prosecution failed to prove who procured the samples before the magistrate second time. Even the police register did not carry information through whom the samples and case property was sent. This amounts to a missing evidence link. It is the duty of the prosecution to establish the chain of evidence links. The case of prosecution becomes doubtful even if there was a single flaw/breakage in the chain of evidence links. In view of this, the accused was entitled to benefit of doubt and acquitted of the charges framed against him.

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