Two years on, man walks free in NDPS case

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Chandigarh, April 24

Additional Sessions Judge Jaibir Singh has acquitted a 29-year-old man, Chandan, arrested under the NDPS Act after the prosecution failed to prove charges against him.

The police had arrested the accused, a resident of Mauli Complex, on January 30, 2020, claiming that he was carrying a polythene bag from which as many as 14 Pheniramine Maleate IP injections and 17 Buprenorphine Xjesic IP injections were recovered.

The police claimed that the accused failed to produce any valid licence for possessing the contraband/injections. After investigation, a chargesheet was presented against the accused in the court.

Finding a prima facie case against the accused, the court framed charges for the offence punishable under Section 22 of the NDPS Act to which the accused pleaded not guilty and claimed trial.

Ankur Chaudhrie, counsel for the accused, claimed that he was falsely implicated in the case. He said the police did not state that any attempt was made to join any independent witness. There were several contradictions in the statements of the police. At the time of apprehension of the accused, there was suspicion of possession of drugs by the policeman, yet no compliance of Section 50 of the NDPS Act was made by him. He did not give his personal search before conducting the search of the accused.

After hearing the arguments, the court said it was a fact that at no stage any independent witness was joined during the entire investigation. Witness SI Kehar Singh, who made the recovery, stated that he tried to join the independent witness, but could not disclose the name of even a single person to whom he had asked to witness the recovery, what to talk of serving a notice upon any of them. This witness even could not state that how many persons were checked on that day before apprehending the accused.

In view of this, the court has no hitch to hold that the prosecution has not been successful in proving its case beyond every shadow of reasonable doubt. Accordingly, by extending the benefit of doubt, the accused is hereby acquitted of the charge framed against him.