New Delhi, Jun 11 A Delhi court has acquitted two men accused of possessing more than 10 kg of marijuana in a 2020 case, saying the prosecution has failed to prove the charges beyond a reasonable doubt due to procedural lapses and shortcomings in the investigation.
Special Judge (NDPS) Gajender Singh Nagar was hearing the case against Afsar and Sarfaraj, accused in a case registered under section 20(b)(ii)(B) (punishment for contravention in relation to cannabis plant and cannabis) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
In an order dated June 8, the court said, "The prosecution has failed to prove the presence of the raiding party at the time and spot of the recovery beyond a reasonable doubt. Thus, 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."
According to the prosecution, a secret informer had tipped off the Narcotics Cell on July 11, 2020, that the two accused would arrive near Seemapuri on a motorcycle to supply ganja.
Police had claimed that a raid was conducted near Dilshad Garden, where Afsar was allegedly found carrying 3.5 kg of marijuana in a black bag, while Sarfaraj was allegedly carrying 7 kg of the contraband in a plastic sack.
During the trial, the defence argued that the accused were falsely implicated and that mandatory safeguards under the NDPS Act were not properly followed.
It also pointed to the absence of independent public witnesses, the lack of videography or photography of the recovery proceedings and the non-production of CCTV footage relating to the arrest and seizure.
The court noted several inconsistencies and deficiencies in the prosecution's case, including the failure to associate public witnesses despite availability, the absence of corroborative electronic evidence and irregularities concerning the preservation and handling of records under sections 42 and 57 of the NDPS Act.
"It is a fact that generally, public persons do not become part of police proceedings or investigation, more so in a case of narcotic drugs. This inaction on the part of police raises doubt qua the time and place of the recovery as stated by police," the court said.
The judge also took note of the testimony that records pertaining to reports under sections 42 and 57 of the NDPS Act maintained in the ACP's office were "not traceable".
Holding that the prosecution had failed to establish the guilt beyond a reasonable doubt, the court acquitted both the accused.
