The particular NDPS courtroom has sentenced a person to 10 years imprisonment who was caught red-handed promoting 300 gram of Mephedrone (MD) in January 2021. The courtroom has additionally imposed a superb of Rs 1 lakh on John Joseph, a resident of Vasai.
The particular decide AV Kharkar, whereas convicting Joseph mentioned, “The amount of contraband seized could be very excessive (300 gram), because it can’t be for self-consumption and is essentially for distribution to weak victims.”
Joseph was arrested on January 12, 2021, based mostly on secret data. It was acknowledged that police officer Sunil Mane, who’s presently in jail for his position within the Antilia bomb scare case, obtained data when he was posted at crime department unit 11, at Kandivali, about Joseph.
A entice was organized and Joseph was caught with a bag containing MD. Samples had been drawn and despatched for forensic examination, which confirmed the contraband. The police had additionally arrested another accused Mohd Aarif Eliyas Shaikh based mostly on the assertion of Joseph. Shaikh; nevertheless, was discharged from the case.
The defence claimed that the police did not adjust to the obligatory situations of the search of the accused for the reason that accused was not produced earlier than the gazette officer or the Justice of the Peace earlier than conducting his search. The prosecution mentioned that the accused was knowledgeable about his rights and all of the situations had been nicely complied with.
The courtroom after listening to each the arguments mentioned, “The proof adduced by the prosecution is reliable and dependable. The proof on file reveals that the accused was apprehended and searched by following the mandatory safeguards below the NDPS Act. Mane defined to the accused his rights below Part 15 of the NDPS Act and thereafter his search was carried out by an authorised officer.
There isn’t any infirmity or illegality within the process of search and seizure and in explaining the rights below Part 50 of the NDPS Act. The testimony of the cops concerning seized and sealed is duly corroborated by the testimony of the unbiased panch witness.”
