E-Paper
Four acquitted of making, distributing Mephedrone
Four men accused of manufacturing Mephedrone in a village near Dahanu in August 2018 have been acquitted by a special NDPS court in Mumbai. The court ruled that police failed to comply with the mandatory process of drawing samples from the alleged contraband, and that prosecution failed to provide evidence of the partnership between the accused. Mephedrone is a synthetic stimulant and is banned in India.
Mumbai: Four men booked for allegedly manufacturing Mephedrone in a village near Dahanu in August 2018, have been acquitted by a special NDPS court as the police failed to comply with the mandatory process of drawing samples from the alleged contraband recovered from the factory.
Mephedrone, also known as ‘meow meow’ or ‘MD’ is a synthetic stimulant and is banned in India. Police had seized 1kg of Mephedrone from the accused, Nadeem Shaikh, but had sent for chemical analysis, drug samples weighing two grams each, less than the stipulated minimum weight for each sample, which is five grams.
Also, it was pointed out that the prosecution had failed to bring evidence as regards the partnership between the accused and his accomplices. Based on these two points, the accused were given a benefit of doubt and acquitted.
As per the prosecution case, on August 21, 2017, a man approached Amboli police station with information that two persons will be visiting City Mall in Andheri West to sell Mephedrone to their customers.
Based on the information, the police arranged a trap and caught Shaikh, who was allegedly found in possession of the contraband weighing 1 kg. The police took samples from the same and sent them for forensic examination.
During the investigation, on August 25, 2017, Shaikh revealed that he and his friends — Sanyal Bane, Sultan Rauf and Anwar Chaudhari — were engaged in manufacturing Mephedrone in a village. Shaikh led them to a hut, in a village in Dahanu tehsil, which the group allegedly used to manufacture the drug. The police seized 900 grams of Mephedrone from the hut. Police also seized several other chemicals and instruments used in the making the drug.
It was pointed out each sample of the contraband seized, which were to be forwarded for lab testing, should at least be five grams for all narcotic drugs and psychotropic substances. In case of opium, ganja and charas or hashish, the quantity of the sample should be 24 grams for chemical analysis.
However, in this case, the samples taken weighed only two grams, which were not sufficient for undertaking the tests. Besides, it was also pointed out that the prosecution had failed to bring evidence as regards the partnership between the accused — terms and conditions of the partnership, Shaikh’s connection with the other accused, profit sharing etc.
Apart from accepting the defence, the court held that the police failed to comply with the mandatory procedure of seizure of the drugs and sealing it. Hence, the accused were given a benefit of doubt and acquitted from the case.
