New Delhi [India], October 1 : The Rohini district court has convicted a woman in a drug case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. A case was registered at Police Station Narela Industrial Area on September 15, 2020, with police officials recovering 1.8 kg from her possession.
Special Judge (NDPS) Dhirendra Rana convicted Sita after considering the evidence and arguments advanced by the counsel for the Prosecution and the accused.
While convicting Sita, the court relied upon the testimony of raiding team members, FSL results and her past conduct.
ASJ Rana held, "The testimony of Prosecution Witnesses Head constable Hemraj, Woman constable Manoj Kumari, SI Sandeep Kumar and HC Ram Chander coupled with the unimpeached FSL Result conclusively establishes on record that on September 19, 2020, the accused was found in possession of an intermediate quantity of ganja."
"The ganja was kept in 261 small polythenes apart from some quantity in loose form. This fact is evidently proved from the photographs that the accused was dealing in ganja after sealing in small packets and selling the same to the public at large," ASJ said in the order of September 27.
The court, while convicting the accused, further said that the previous conduct of the accused, which involved her being involved in seven other cases under the Punjab Excise Act and the form in which contraband was seized from her, is evidence that she was dealing in contraband for commercial benefits."
The accused Sita was charged with offences punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Public Prosecutor argued that all police witnesses had deposed without any confusion about the manner in which the recovery was effected from the accused, and the proceedings were carried out by SI Sandeep.
Prosecution has proved that all the necessary compliance has been done by SI Sandeep Kumar and ASI Naresh Kumar. On the other hand, it was argued by the counsel for the accused that the prosecution had also failed to establish a clear and unbroken chain of custody of the alleged contraband, which creates doubt about tampering or planting of evidence.
It was further argued that no independent witness was examined by the prosecution during the proceedings. The samples sent for chemical examination were not sealed or handled properly, and there is no explanation for the delay in sending the samples to FSL.
The testimonies of the police officials are suffering from various contradictions, which are sufficient to dismantle the case of the prosecution. Hence, it is prayed that the accused may be acquitted by giving the benefit of doubt in the case, the counsel argued.