Chandigarh: Court convicts man in drug case, sentences him to one year jail

According to the prosecution, a police team was patrolling near the Sector 39-D slip road on January 28, 2020, when it spotted Kumar walking towards Sector 39-D from the Sector 56 side

A special court here convicted Amit Kumar in a 2020 narcotics case for possessing 201 gm of heroin and sentenced him to one year of rigorous imprisonment along with a fine of ₹25,000.

The court ordered that the period already spent in custody be set off against the sentence. The fine of ₹25,000 was also recorded as paid. (HT File)

Special judge Raman Goklaney, in a judgment pronounced on Monday, held that the prosecution had proved its case beyond reasonable doubt under Section 21(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

According to the prosecution, a police team was patrolling near the Sector 39-D slip road on January 28, 2020, when it spotted Kumar walking towards Sector 39-D from the Sector 56 side. The police alleged that he turned around and started walking away briskly after noticing the team. He was intercepted around 10.30 pm, following which a transparent polythene packet containing 201 gm of a heroin like substance was allegedly recovered.

The defence, however, claimed that Kumar had been picked up by police from the Haryana MLA hostel several hours before the alleged recovery and that the narcotics case was fabricated. Several hostel employees and acquaintances were examined in support of the claim.

The court further rejected the argument that the absence of independent public witnesses rendered the recovery doubtful. It held that the consistent testimony of the police officials, supported by documentary and forensic evidence, could be relied upon even in the absence of independent witnesses.

The defence had also challenged the recovery on the ground of non-compliance with Section 50 of the NDPS Act. The court held that the provision was not attracted as the heroin had allegedly been recovered from a polythene bag rather than through a personal search of Kumar.

The court also accepted the prosecution’s evidence regarding the chain of custody, noting that the sample reached the Central Forensic Science Laboratory (CFSL) with its seal intact and subsequently tested positive for diacetylmorphine (heroin).

While deciding the sentence, the court took a lenient view after considering Kumar’s family circumstances, including his wife, two minor daughters and elderly parents, as well as his claim of having no other criminal case. It also noted that he had already remained in custody from January 29 to May 20, 2020, during the trial.

The court ordered that the period already spent in custody be set off against the sentence. The fine of ₹25,000 was also recorded as paid.