Chandigarh: Police ‘lapse’ in NDPS case probe, accused awarded only 1 year jail

Tribune News Service

Chandigarh, June 23

If it is not possible to mix various samples of contraband homogeneously for taking a sample, then the entire quantity or sufficient quantity should have been sent to the CFSL for chemical examination. This observation was held by a local court which held a person guilty for possession of only 50 gm (non-commercial quantity) charas that had been sent to the CFSL for chemical examination.

The charas was seized from the accused in two shapes, round and candle (stick). However, there was no mention that before taking the samples the contraband was not homogeneously mixed. If not possible, then the entire quantity or sufficient quantity should have been sent to the CFSL. Hence, in the present case the accused can only be held guilty for possessing 50 gm charas. Hargurjit Kaur, Judge, Special Court, Chandigarh

This happened because the police sent only 50 gm of charas for examination to the CFSL of the total 1.55 kg seized from the accused.

As per the FIR, Vinod Kumar was arrested in an NDPS case registered on January 5, 2022, in Sector 36, Chandigarh, with 1.55 kg charas. The contraband was in round and stick shape. The police claimed that the accused used to sell charas to him under Section 20 of the NDPS Act. After the completion of the investigation, a charge-sheet against the accused was presented in the court.

Prima facie, charges under Section 20 of the NDPS Act were made out against Vinod, to which he pleaded not guilty and claimed trial. The public prosecutor argued that the prosecution had been able to prove all charges under Section 20 of the NDPS Act for which the accused had been charge-sheeted.

On the other hand, Sunil Kumar Dixit, counsel of the accused, argued that the prosecution had miserably failed to prove the case. He said the accused had been implicated in a false case. He further said the police had not sent the entire quantity of the seized charas for examination to the CFSL and only one packet containing 50 gm charas was sent for the same. He added that in the absence of the examination of the entire quantity one could not say that the other packet was also containing charas.

After hearing of the arguments Hargurjit Kaur, Judge, Special Court, Chandigarh, said the charas was seized from the accused in two shapes, round and candle (stick). However, there was no mention that before taking the samples the contraband was not homogeneously mixed. If not possible, then the entire quantity or sufficient quantity should have been sent to the CFSL. Hence, in the present case the accused can only be held guilty for possessing 50 gm charas.

The court sentenced the accused to undergo rigorous imprisonment for one year along with fine of Rs 2,000. Since the accused was in jail for more than the sentenced period, therefore he was released forthwith on the order of the court.

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