A Delhi court has acquitted a man who was arrested for allegedly carrying 10 kilograms of marijuana, citing a significant procedural breach by the narcotics squad. The court found that the police failed to follow mandatory legal protocols when acting on secret information, leading to the acquittal.
Case Background
According to the prosecution, the narcotics squad of the southwest district received 'secret information' that the accused was in possession of ganja. Based on this tip, the police team apprehended the individual and seized 10 kg of the contraband. The accused was subsequently charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Court's Observation
The court, while delivering its verdict, noted that the police had not documented the secret information as required under the NDPS Act. The law mandates that any information received must be reduced to writing and a copy forwarded to the immediate superior officer. In this case, the prosecution failed to produce any such record, raising doubts about the credibility of the entire operation.
Procedural Lapses
Additional Sessions Judge Amitabh Rawat observed that the non-compliance with Section 42 of the NDPS Act, which deals with the procedure for search, seizure, and arrest, vitiated the trial. The judge stated, "The prosecution has not been able to prove that the mandatory provisions of the NDPS Act were followed. The secret information was not recorded, and the search and seizure were conducted without proper authorization."
Impact of the Ruling
This acquittal underscores the judiciary's strict stance on procedural compliance in narcotics cases. Legal experts highlight that such rulings reinforce the importance of adhering to legal safeguards to prevent misuse of power. The accused, who had been in custody for several months, was set free following the judgment.
