Maintaining that evidence produced by prosecution was not “cogent, consistent and trustworthy”, a special court designated under the Narcotics Drugs and Psychotropic Substances (NDPS) Act recently acquitted a man who was in jail for four years for allegedly possessing 200 grams of mephedrone (MD) — a banned narcotics substance.
On August 19, special Judge R R Bhagwat granted relief to one Vikram Sudhir Thakur, a resident of Govandi area, who was booked in September 2019 by the Anti-Narcotics Cell (ANC), Azad Maidan Unit, for possessing MD worth Rs 10 lakh. Advocate Ayaz Khan, appearing for Thakur, had argued that samples were not drawn before the magistrate as per Section 52-A (disposal of seized narcotic drugs and psychotropic substances) of the NDPS Act.
The court noted Thakur brought on record ample evidence to show that police persons were in his company at Krishna Bar and Restaurant in Govandi area on the afternoon of September 16, 2019, and they had left the bar with the accused. Therefore, there is force in the defence version that the accused was already picked up from the said bar in Govandi (east) in the afternoon of September 16, the judge noted. The special court further said the prosecution’s version about the search and seizure of the accused at Fort area during the night hours falling between September 16 and September 17 appeared to be “outcome of cooked up story.” “It is for this reason that the prosecution version and defence version cannot stand together. Prosecution evidence is not cogent, consistent and trustworthy,” the court order reads.
“If material inconsistencies in prosecution evidence, coupled with failure of prosecution witnesses, to answer material defects in prosecution case are read together…the prosecution has failed to prove its case beyond reasonable doubt…the accused is entitled to be acquitted,” the court held.