A Delhi court has acquitted a man, who was caught with 12 gm of smack, as the police failed to follow the procedures for search, seizure and arrest in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case.
The Mangolpuri police in north-west Delhi had arrested the accused and recovered the contraband following a tip-off.
The prosecution examined 10 witnesses to prove the case.
Three of the witnesses gave contradictory statements.
The court also found that the sample of the seized drug sent for forensic examination was tampered with.
Under the NDPS Act, if there is prior information about the recovery of narcotic drugs or psychotropic substances from any person, the power to arrest such a person or to make a search or to make a seizure are not vested with the police officer. Only a Metropolitan Magistrate or a First Class Magistrate or specially empowered second class magistrate has the right to issue search and arrest warrants against a person who is believed to have committed an offence under the Act.
“Whenever the raids are made on the basis of prior information, the search, seizure or arrest by officers other than the empowered officer or duly authorised officers as enumerated in Section 41 (2) and 42(1) of NDPS Act would vitiate the proceedings against the accused and the compliance to this extent is mandatory. The accused is thus entitled to be benefited for non-compliance of these provisions,” Additional Sessions Judge Ajay Pandey said.
On the tampering of the sample, the Judge said: “Since the Forensic Science Laboratory forms were not deposited, the same could not have been sent to the laboratory. Hence, there is a possibility of compromising with the integrity and tampering of the case property.”
Published - January 18, 2020 01:03 am IST
