Mumbai, May 28 A local court on Thursday acquitted a 37-year-old man accused of possessing Mephedrone, holding that the Anti-Narcotics Cell (ANC) of Mumbai Police committed lapses in the investigation and did not comply with the procedure.
The special NDPS Judge V M Sundale held that the evidence did not inspire enough confidence to warrant conviction of accused Danish Shaikh under the stringent Narcotic Drugs and Psychotropic Substances Act.
According to the prosecution, an ANC patrolling team intercepted Shaikh, a driver by profession, on the evening of October 20, 2022, near the Bandra Court and Kherwadi Pumping Centre due to his suspicious behavior, and seized 215 grams of Mephedrone he was trying to sell.
During the trial, defence lawyer Dilip Mishra argued that the prosecution's case was based upon "interested police witnesses" and there was no reliable independent corroboration that drugs were recovered from Shaikh's possession.
It also failed to strictly comply with the NDPS Act, the lawyer said.
The court, in its ruling, noted that the FIR and seizure panchnama or memo did not mention if the accused was informed about his right to be searched in the presence of a Magistrate or Gazzetted Officer.
"Serious infirmities (in the prosecution's case) and procedural lapses" created substantial doubt about the fairness of the investigation and legality of the alleged search and seizure, the court held while acquitting Shaikh.
