Chennai Court Acquits Accused in 4kg Ganja Case Over Language Barrier in Seizure Documents
In a significant legal development, a Chennai drug court has acquitted a 21-year-old man from Visakhapatnam in a 4kg ganja case, citing the prosecution's failure to establish that the accused understood the seizure documents, which were prepared only in Tamil. The case, registered by the Narcotics Intelligence Bureau-Criminal Investigation Department (NIB-CID) in February 2021, collapsed due to procedural lapses under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Details of the Case and Arrest
According to the prosecution, special sub-inspector Selvam arrested the accused, Uday Kiran, near the Kancheepuram bus stand based on a tip-off. The man was found in possession of 4kg of ganja, and samples were drawn and sent for chemical analysis. The analysis later confirmed the presence of cannabinoids, leading to charges under the NDPS Act.
During the trial, the defense raised critical questions about the search and seizure procedure, focusing on whether statutory safeguards were followed. The court examined whether the accused was properly informed of his rights and the contents of the documents prepared at the scene.
Language Barrier and Procedural Failures
The search notice and seizure mahazar were prepared in Tamil, and the accused signed them in English. However, evidence revealed that the accused did not know Tamil, creating a significant language barrier. During the framing of charges, the court had to rely on a staff member who knew Telugu to explain the charges to him.
In cross-examination, police witnesses admitted they did not know Telugu and could not confirm what conversation took place between SSI Selvam and the accused during the search. While Selvam claimed to know Telugu, the prosecution failed to produce any material to establish his capability to explain the procedure in that language.
Court's Ruling and Acquittal
Additional special judge S Govindarajan ruled that the prosecution did not prove the seizure documents were explained in a language understood by the accused. The court held that statutory NDPS safeguards were not followed, granting the benefit of doubt and acquitting Uday Kiran. This decision underscores the importance of adhering to legal procedures, especially in cases involving language differences, to ensure fair trials and protect accused rights.
