A special court in Mumbai has acquitted a 37-year-old driver accused of possessing a commercial quantity of mephedrone, observing that the possibility of tampering with evidence could not be ruled out due to the absence of statutory safeguards. The special Narcotic Drugs and Psychotropic Substances (NDPS) Act court highlighted serious procedural lapses by the Anti-Narcotic Cell (ANC) and a failure to establish an unbroken chain of custody for the seized drugs.
Case Background
Police arrested Danish Shaikh in 2022 after a patrol officer allegedly noticed him acting suspiciously and found 215 grams of the psychotropic substance in a white nylon bag he was carrying. Shaikh was arrested on October 20, 2022, near the Bandra Court, and it was claimed that he confessed to possessing the substance for commercial sale.
Court Observations
The judge noted contradictions in the evidence presented by the prosecution. The court stated, “The contradictions regarding search procedure, sealing, inventory and chain of custody are material in nature and go to the root of the prosecution case. The possibility of tampering with physical evidence and false implication of the accused cannot be completely ruled out.” The judge further added that the evidence adduced by the prosecution did not inspire confidence sufficient to warrant conviction under the stringent provisions of the NDPS Act.
Defence Arguments
Defence advocate Dilip Mishra argued that the prosecution entirely failed to prove the guilt of the accused. Mishra submitted that the police falsely implicated Shaikh by picking him up from a residence earlier that day. The defence also pointed out that the police failed to collect mobile tower location data or call detail records that could have proven the actual location of the accused at the time of the alleged incident.
The judge emphasised the importance of such electronic evidence, stating, “In a case under the NDPS Act involving stringent punishment, such electronic evidence assumes considerable importance, particularly when the defence has raised a plea of false implication and illegal detention before alleged seizure. The unexplained failure of the investigating agency to collect and produce tower location data further weakens the prosecution’s case and adds to the doubt regarding the fairness and transparency of the investigation.”
Procedural Safeguards
The court underscored the significance of strict compliance with the NDPS Act, noting, “The safeguards relating to search, seizure, sampling, sealing and custody of physical evidence are not empty procedural formalities, but substantive protections intended to ensure fairness, transparency and credibility in investigation and to rule out the possibility of false implication, fabrication or tampering with seized contraband.”
Further criticising the prosecution’s failure to follow mandatory sampling safeguards, the court observed, “In the absence of strict compliance with statutory safeguards governing disposal and sampling of seized narcotic substances, the possibility of tampering or substitution cannot be completely ruled out.” The judge also noted that the chemical analyst admitted that the sample envelope was not sealed on both sides, calling these inconsistencies fundamental to preserving the sanctity of seized contraband.
Conclusion
Shaikh, who has been out on bail, was acquitted due to these procedural lapses. The case highlights the critical importance of adhering to legal procedures in narcotics investigations to ensure justice and prevent false implications.
