New Delhi, Feb 3 A Delhi court has acquitted two men accused under the Narcotic Drugs and Psychotropic Substances Act, saying the prosecution failed to prove the case against them beyond a reasonable doubt.
Hearing the case against Nasruddin and Riasat, who were accused of possessing 5.9 kg and 4.5 kg of ‘doda post’ or opium husk, respectively, Special Judge Gajender Singh Nagar said the prosecution’s version suffered from inconsistencies and non-compliance with mandatory safeguards prescribed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, rendering the recovery doubtful.
The duo was arrested after they were stopped and searched at a check-post on the intervening night of May 26-27, 2019.
In its order dated January 22, the court said, “The prosecution failed to prove beyond a reasonable doubt the presence of the police party at the time of recovery on the spot of recovery; there was non-compliance of Section 55 (police to take charge of articles seized and delivered) and Section 57 (report of arrest and seizure) of the NDPS Act”.
The court also noted that police failed to comply with Section 52A of the NDPS Act, which outlines the mandatory procedure for the seizure, storage, sampling and disposal of narcotic drugs, psychotropic substances, and conveyances, as the recovered contraband was produced in the court without due seals.
“In the opinion of the court, it cannot be said beyond doubt that there is no material contradiction in the story of the prosecution. Therefore, in the opinion of the court, the benefit of doubt would go in favour of the accused persons,” the court said.
It pointed out discrepancies in the testimonies of prosecution witnesses regarding the manner of recovery, sealing of samples and preparation of documents, observing that such contradictions went to the root of the case.
“It can be safely concluded that the very foundation of the present case, that the police party was present at the spot at the time of the alleged recovery, is doubtful,” the judge said.
Emphasising that the NDPS Act provides for stringent punishment, the court said strict adherence to procedural safeguards was mandatory, and any deviation would entitle the accused to the benefit of doubt.
“In view of the material contradictions and failure of the prosecution to establish compliance with mandatory provisions, the accused is entitled to acquittal,” the court said.
Accordingly, the court acquitted the accused duo of all charges under the NDPS Act.
