NDPS court acquits two held for selling 2.2 kg charas | Mumbai news - Hindustan Times
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NDPS court acquits two held for selling 2.2 kg charas

Feb 26, 2023 01:43 AM IST

The Anti Narcotic Cell (ANC) apprehended two men – Nirdosh Pal and Pushpendra Sinha alias Lalla near JJ hospital on January 14, 2010, on the information that they had come to sell charas.

Mumbai: Two men who were booked for allegedly selling charas near the JJ Hospital in 2010 were acquitted as the Narcotics Drugs and Psychotropic Substances (NDPS) court noticed discrepancies in the testimony of witnesses related to the substance which was sent for forensic examination.

“On scrutiny of the evidence, it is seen that there is no mention of the facsimile of the seal on the covering letter sent to the CA for analysis. Also, there is a difference in the colour of the substance alleged to be seized and all the substances received by the chemical analyzer. This aspect may seem to be a trifle. However, in the case under the NDPS Act, which prescribed a severe punishment. The case of the prosecution must be scrutinised closely and benefit of the doubt if any would accrue to the accused,” the court noted while acquitting the accused. (Getty Images)
“On scrutiny of the evidence, it is seen that there is no mention of the facsimile of the seal on the covering letter sent to the CA for analysis. Also, there is a difference in the colour of the substance alleged to be seized and all the substances received by the chemical analyzer. This aspect may seem to be a trifle. However, in the case under the NDPS Act, which prescribed a severe punishment. The case of the prosecution must be scrutinised closely and benefit of the doubt if any would accrue to the accused,” the court noted while acquitting the accused. (Getty Images)

As per the prosecution case, Anti Narcotic Cell (ANC) apprehended two men – Nirdosh Pal and Pushpendra Sinha alias Lalla near JJ hospital on January 14, 2010, on the information that they had come to sell charas. After searching them, police found charas weighing 2.2 kg in two packets. The officials prepared samples from the lump and sent them to the chemical analyzer for forensic examination.

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During the trial, the prosecution examined six witnesses. The crucial witnesses, who were present at the time of the search of the accused, were not examined as they were not traceable.

The police officials, who searched and arrested the accused, told the court that when he searched the bag carried by the accused, it contained a greenish-brownish substance, which was charas.

The samples were later sent to the forensic lab for chemical analysis. The chemical analyzer told the court that he submitted the two samples which were 25 grams (approximately) each.

The defence had pointed out that police officials had described the substance as brownish-greenish in colour, while the chemical analyzer said that the substance was dark brown.

The defence alleged that there is no reason for a change in colour due to the efflux of time. In such circumstances, there is a difference in the colour of the samples seized and that which was sent to the Forensic Science Laboratory.

“On scrutiny of the evidence, it is seen that there is no mention of the facsimile of the seal on the covering letter sent to the CA for analysis. Also, there is a difference in the colour of the substance alleged to be seized and all the substances received by the chemical analyzer. This aspect may seem to be a trifle. However, in the case under the NDPS Act, which prescribed a severe punishment. The case of the prosecution must be scrutinised closely and benefit of the doubt if any would accrue to the accused,” the court noted while acquitting the accused.

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