New Delhi, Mar 17 A Delhi court has convicted a man in a narcotics case involving recovery of commercial quantity of heroin, saying the prosecution has proved the chain of evidence and recovery beyond reasonable doubt.
Special Judge (NDPS) Harvinder Singh Johal was hearing a case against Mohit Kumar who was accused under Section 29 (criminal conspiracy) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Kumar was accused of procuring heroin from Uttar Pradesh and supplying the substance in Delhi. He was arrested on September 15, 2017 by the Delhi Police's Crime Branch based on a tip-off.
Another person was also arrested along with Mohit, who died during the trial.
According to the prosecution, Kumar was found in possession of a commercial quantity of heroin, packed in small packets for distribution.
During the trial, the defence raised objections regarding alleged procedural lapses, including non-compliance with provisions related to sampling and handling of seized contraband. However, the court rejected these arguments, observing that such lapses did not affect the core of the prosecution case.
In an order dated March 12, the court held that the counsel for Mohit had failed to raise any suspicion regarding recovery of the contraband from the possession of the accused.
"The chain of sequence of events is complete and there is no visible defect in the investigation," the court held, adding that statutory presumptions under the NDPS Act operated against the accused and remained unrebutted.
The court further said testimonies of prosecution witnesses, supported by forensic evidence, conclusively established possession and involvement in the drug trade.
Accordingly, the court convicted Mohit for criminal conspiracy under the NDPS Act, listing the matter for hearing arguments on the quantum of sentence.
