An NDPS court has sentenced Joginder Singh and Anil Kumar to 12 years imprisonment each for possessing 16 kg of charas recovered from a concealed cavity of a Hyundai Verna in December 2018.
Special judge Raman Goklaney had convicted Singh and Kumar under Section 20(b)(ii)(C) read with Sections 8 and 25 ( possession of commercial quantity of cannabis and knowingly allowing a premises/vehicle to be used for the offence) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The court held that the prosecution had established the recovery, the chain of custody and the chemical examination of the seized contraband. It observed that the ‘foundational ingredients’ of the three provisions stood proved against the two accused.
The Narcotics Control Bureau (NCB) received secret information on December 18, 2018 about a white Hyundai Verna allegedly carrying charas. The vehicle was intercepted near Khuda Lahora Bridge, with Joginder Singh driving and Anil Kumar sitting in the front passenger seat. The initial roadside search yielded no suspicious material, following which the vehicle and the accused were taken to the NCB office for a thorough search.
At the NCB office, the rear seat of the car was displaced and 34 concealed packets containing charas were recovered. The packets were grouped into 12 lots weighing 16 kg in total. The seized material was sealed and deposited, while representative samples were subsequently sent to the Central Board of Excise and Customs (CRCL), New Delhi, where they tested positive for charas.
{{/usCountry}}At the NCB office, the rear seat of the car was displaced and 34 concealed packets containing charas were recovered. The packets were grouped into 12 lots weighing 16 kg in total. The seized material was sealed and deposited, while representative samples were subsequently sent to the Central Board of Excise and Customs (CRCL), New Delhi, where they tested positive for charas.
{{/usCountry}}Raj Kumar alias Raju, whom the prosecution alleged was the supplier of the consignment, was convicted separately for possession of 80 grams of charas recovered from his residence in Bhuntar, Himachal Pradesh. The court found the recovery proved, with the substance recovered from beneath an iron almirah along with an electronic weighing machine and 35 empty plastic pouches in the presence of witnesses.
However, the court did not find the prosecution had proved beyond reasonable doubt that Raj Kumar was the principal supplier of the consignment or that he was part of the larger conspiracy. He was acquitted of the charges relating to the larger consignment.
Kanta, the fourth accused, was acquitted of all charges. The court held that the prosecution had failed to establish her conscious possession, specific knowledge or criminal conspiracy. It observed that uncorroborated call detail records and ‘guilt by association’ did not meet the standard of proof beyond reasonable doubt.
The court consequently found that the prosecution had failed to establish an overarching interstate drug trafficking conspiracy involving all four accused, despite proving the individual recoveries against Joginder Singh, Anil Kumar and Raj Kumar.